No. 7224-SEPTEMBER 28, 1886.]
attoo
in the same manner sa they had seen
the other lights. It was suggested on the
I
190 Jeglects this obvious precaution
run into and damaged or sunk it has
THE CHINA MAIL
on a
1st.
fraight.
ou
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Mr
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GUNPOWDER EXPLOSION AT
· SHANGHAL The N.-C. D. Notes of the 25th instant gives the subjoined account of an explosion at Shanghai---
otton
the
who was entering the door at eh third man
of the explosion was also burat about the
THE 'HOK OANTON ' TRAGEDY.
Says the Penang Gazette of the 17th
- burnt before the red light was visible, it risk of collision whatever may be the consol was or a tide table. The plaintiff fur true value for the purpose of this nation, in her fore and aft holds and in the stoke board the lighter. And forther, hosays that that the construction ho put upon the agroe- seems to me that they might as well have duct of the sailing vessel to do every thing nished both a chart and tide table to the man that the amount of her froight was $2,152 hole. At daylight on the 16th May mere the one was done without his consent nonant was the arct one, and also evidence best luft auburnt so far as the Tibet wae in her power that can bo dono consistently tar, and at his request at once proceeded to and the value of her oatga was $30,580 lighters arrived in pursuance of the request against his orders, and that there was to show that the typo had not been no-
action was forwarded by the Def's all night the Bafila, andher pampates the fore and main that the type should
at the type had not been no concerned Bat considoning the unatia with her own safety in order to avoid colli-tranship the cargo on b std into the light only. The plaintiffs before the action was forwarded, and thereupon the lighter which likelihood of the wind changing and that lacted.
the mastor of the bedcle, and thereupon the light request against his orders without his consent and inctury manner in which the witnessession And it is srbmitted that she ought, ers which the plaintiff had brought with him. commenced delivered to the pastor of the bed remained by the Defl'a all night was there was no water in the after bok of the After hearing the ovidence, his Lord gave their evidence, to the impresi le according to Article 18 of the Regulations, Other lightars were at this time alongside Dahilan account, dated the ail June, 1888,sant away with a full cargo. During the baila, and her pamps were quite able to and ship aid his impression at prosent was position in which the place the white to have revoraud her engines or that she the Dafla laden with her curge, and having signed by thum as gents of the Pula, 15th of May the work of transhipping the id keep down the water the fore and mains that unloe the contract it was intended
fonts of the Fugle, Litharap & the thors was light when they state they first saw might have starboarded instond of ported. rugand to the danger in which the Defia geniust the master and owners of the Da Dafila's cargo into the lighters which holds. The defendant admits that after the that the type should be kept up in the amo it, to the fact frat thoy allogo they saw The regulations as I have before observed shan was, the plaintif ordered two of his file, and in which account the charges had arrived was continued, only 854 master of the Dafita had again declined the working order and condition as when it was us red light at all until just bafors-tha col- are not binding on either the junk or lighters to remain slongside in cass it alwould ngainst the Datia (including the cunt of bags of rice were salved that day by assistance of the Partridge on the morning handed over to defendant. However, he
to use them for the pro diness of the Dafila Jadeli
pre-8071.00
On of the 20th May that she remained in the would look over the aridoned, and he, lision, wo think a Fair inforoace to draw is steamer, but if they were, I am of opinion ra become necessary to use them for the pre- $1.80 alleged by the petitioners to have the 2ad mate and his coolios, that the lights of the Thibet were not seen advised that there was no time either to servation of the lives, as well of those on been paid by them and a charge of $500 the afternoon of the 13th Maya Mr vicinity and that when H.M.8. A truss reserved judgment.
of these employed in at Hoihow, but not incluiraita) anroun: to more by permission from the janic until the crew of the junk havoguno astern of the junk by starboarding, board the Dafle as of these employed in for attending to the business of the Dale Judell of the firm of Masses Schomberg took the ground; which she did at low water honed the Thibet's steam whistle, immediate or to have got the way off the ship by re-removing her cargo. After knocking at Hoihow, but not including their services and On, of Hoilow, arrived with some with the tide beginning to rise that the
After employed in for paid by them the petitioners to hangs of rice was continues which keep down amps were quifle &
Albatross would in a ly before the collision: If that he the case vorsing, indeed I am adrined that the the work of transhipment for the day, iho on board in the Hainan Straita) amount to more lighters, and on coming on board Partridge assisted her by towing for about or the Defilu by permission of her master, 16 minutes, but the Albatross would in a then, their evidence as to having barnt effect of reversing would be to interfere plaintiff, at considerable risks and great dis- the sun of $3,150.70 The plaintiff
effect of reversing would be to interfere plaintirk not including their services and On, of Hoib daro-up lights up to the time of the collision with the action of the rudder and prevent comfort, remained on board the Defile, for about the 14th July, delivered to the master continued the work of transhipping the very short time mora bavo fleated off with and having the burning brightly on a har bringing her head round to starboard the night. The following morning of the an amended account dated the 4th Jane cargo into the lighters he had brought without any assistance-Bo denies that the on the 16th May the locality is dangerous or that at the time of stand in the stern of their bont cannot be ne fast as would otherwise be the case. On 16th May the sky was pvorcast and threa 1886 and signed by them as agents of the him. About 8 am. on the 16th May the locality is dangerous relied on, and there is an additional rerson this paint see Marsden on Collisions, p. 390, tening, but subsequently improved. Da Dajila, out of which sumended account they plaintiff, other than the plaintifs Thom the year there was any likelihood of the for disbelieving them in this respect, besco also the Yadit, L R., prob. div., p. 116. ring this torning more lightars which have omitted the said charge of $57150 ton and D. Forbes, loft Hoihow in the weather and non changing to a galo or that
Yesterday afternoon, a little before 5 cause a careful look out was being kept on The water says he saw the junk 3 points had boon procured by the plaintiffs, to- but retained therein the said charge of Partridge to go to the assistance of the Do-thera was any risk whatever to the Par board the Thibet and up much lights were on his port bow, 2 to 300 yards off and that gether with the lighter with conls, arrived 8500.90. The defendant cravoseloayo to fila in compliance with the request for a ridge in approaching the Dafila. He donics oklook, a serious gunpowder oxplosion o0- visible. No observation had been taken on in from 30 to 45 seconde she had struck his and the work of transhipping this cargo refer to both these accounts. The defend tug, and about midday, after incurring on that Duncan Furbes during the time he onrrad on the prominus of Messrs H. M. board the Thiet the day before or nocount port bow neatly at right angles, smashing was proceeded with, until the master of aut suamits to the judgment of the Courtsiderable risk in doing so, the Partridge was on board the Defile was in want of Schulta & Co. in Szechuan Road. It ap of the weather, and the officer of the watch, the junk's bow and exposing the bulkheads the Dalis ordered the plaintiff to case to award such a modemte amount of salvage szobored close to the Dayla, and thereupon sufficient food or that he was in tear, pears that two coulies were engaged in and anbsequently the master, were looking but he must have under estimated the time working. At this time the plaintiff had to the plaintiffs under the circumstances the plaintiff J. N. Stavern want on beard or peril of his life, or that ho supplied cleaning out n godown and came soress the Defia and offered to law her into a port any provisions to her crew and thint some cartridges. These being old samples ant for Tarnabout light, which might have it his distance is correct and from the evi- dated 1,830 bags of rice to be tunshipped as to the Court shall seem meet
In the second action the plaintiffs wereka. of safety and remove the rotuuinder of her any persistent vigilanco in watching the they were told to throw them away, but the appeared on either hot. The Thibet was dence of the other officers of the ship it and the Defila had thersby buen trimmed appeared on either hou. if corremated the time working. At this t stooring S. W., the wind at N. E., quam appears clent that he must have done so. and considerably lightened. The work of bert Thomson, John Willes Stavers, Frede carro. About the same time as the Partridge crow, who were brought by him to tran- men thought they would opan them, pro- anile not forward, the clewa and buutlines The only question that remains in whether trapshipping the cargo was stopped owing sick Zofgreens, Duncan Forbes, Peter Allan, arrived those ou board the Dove sighted ship the cargo, was necessitated by insub- hably for the sake of their contente; so
bunappears casila
ordination of the coolies The defendant they plnend the cartridges on the floor of a M. the arrival of H. Matross Walter James, Chan A Feokt, &c. (the to be the H.M.B. dibatross, and in couso. denies that the master and owner of the building at the back of the premises at about ritish man-of-way which after a sighted a ship the were brought by him to trans they were told to throw thing uid samples of the foresail hauled up suficiently high to the fact of the steamer not having seen the give an uninterrupted view forward, Dufta,furtherassistance from the Partridge or the Messrs Horton & Co., for the expenses of to open them There were sixty cartridges
The junk until she was close establishes about xaidday on the Parquence
10th give an uninterrupted suficiently high to the fort question that remains it and considerably theraby bun trimmed
The junk until she was an close establishes about midday on the toss Walter Jamge, Chen A Rook, & (the own British man-of-war which afterwards, prosed of the garge, was necessitated by insub-bably for the sake of thor them, pro-
Mayer, master and crew of the steamship Far tha officer of the watch, until the master him: proof of a negligent look-out. The master and on the following day the Dafila was tridge) and the defendants, the ship Dufita, quenca the master of the L'afle dedined any Partridge have made themselves liable to siz fost from the door and then proceeded distance of of a towed into Blaihow by H.M.S. Albatross her cargo and frigid Petion re
The petition on board tor. Accorge with the coolies and he says satisfy any such chi fit natted down on the self H.M.S. Albatross her gold rolloved him in order that he ruight go says he could ace at a distance of t of a towed into Haiher by the the master and owner of the building at the back of the premises at about and take soundings, and a bridges were mile and accounts for not seeing the junk The plaintiff remained on board the Defile was as follows: The Partridge is an on board hor. Accordingly the inator and lighterags and coulies in the sum of $4,000 in all, fifty-nins being small ones for a 15-
in on the bridge and two lookout mon were in closer because he says that the sails were until she reached Hoibos and during such iron sorow steamship of 255 tons not 2nd mate of the Partridge with the ocolies and ho says that the sum of $1,600 is ample volver, and the other one for a rifle. Tho steamship of 254 tons, not won had been brought hy the 2nd rante left to pay and satisfy suy such chain for two coolies, having finished their work, the bow. The ofloor of the watch on the end on bis betime bugines of the bad age for
line of vision and that bu ne time materially assisted the master of the register tonnage, fitted will bugs the Daila about 1 p. for their own ship lighterage and coolios. He denies that squatted down on the face and processed to one at 3 tually saw the maste bele proved that the trimming too on board H.M.S. Albatross to with a paintiff, John Willes Staver, what would transpiro
and 60 H. P. nominal, is of the services roanned Partridge again heyila
00 Thibet had soon two bright lights, one at 2 tually saw the maste before he saw the sale. Bafla. By reason of the lightening and 06 H. P. nominal, is of the value of $35,000 the Daila about 1. for their own ship lighterago and coolics. a.m. and the other at a little before 3n.m., It is also satisfactorily proved that the trimming of the Daila she was enabled by and was at the time of the services manned About 2pm. on the same afternoon the thero was any risk or danger to the Par opon the cartridges, and poured the powder the com. Partridge again hove anchor but remained tridge or the plaintiffs or any of them in from the revolver cartridges on the door in and if the junk had shown a bright light and master and the two look-ant men saw the the aid of those ou board H. M.S. Albatrose to with
the the aid of those on board H.M.S. Albatrose to with a crew of 16 hands under the com- the icinity of the Duftlei
There barnt flare-ups for nearly buif an hour it junk simultaneously. I aur advised that move out of the position in which she lay mand of the plaintiff, John Willes Stavors, in the vicinity of the file in order to see rondering the services they did or that in a small heap. They then took an iron nail
Dafila sooms impossible that no uno on watch on it is probable that the reason given by the It was owing to the exertions of the plaintif her master. At about 11 am. on the 12th what would transpire between the Patile consequence, therent the Dafila, har cargo or spike and attempted to open the riffs board the Tibet should have soon her light mastar is correct. I ani advised that funke that H.M.8. Albatross arrived in time to May 1886 while the Partridge, laden with and E.MLS. Albatres and whether her as- and the lives of those on board wore saved cartridge, and while they were so engaged, bo The burning powder from of the class of the ouo in question, especi- assist the Defile and to tow her to Heihow. general cargo and abort 50 pristengsistance, might be further required. Those from total loas. He further denies that the it exploded. The bowe
on Board the Partridge then observed that value of the Duyile has been determined for this cartridge communicated with the pilo nily when deeply laden as this one is said The plaintiff underwent great peril and ers, proceeding on a voyage fron
anders, part of the funk that all these on watch on to have boun, are difficult objects to pur-privation and risked his life in his exertions Hongkong to Hoihow and Pakhoi, was in sttuupting to approach the Dafla HM. the purpose of this action at the sum of on the floor, the result being that this sleg board the 14t wore too busily engaged in coive on a cloudy night, that the junk was on behalf of the Defile and those on board entering the Hainan Straits, thoes on board S. Albatross had run aground, and at about $20,000, but he admits that the freight of the went off. The two coolies were dangerously More about 50 miles 3.30 pm. so hoisted signals of distress, Daffa wa 32,592 and the valus of the cargo hurt. One list all the fingers of one hand,
92,592 looking out for the light from the light probably sailing i stich a manner as to bring her, inasmuch as the locality in which the her a steamship ashore about 50 miles house on the starboard bow to notice the the sails end on with the line of vision of Dalla ran ashore is extremely dangerous, to the outward of Hoihow, the nearest port, and thereupon the Partridge at once pro- was 830,580 only. From the time the and two of the other he was probably the man who was opening the Ing cartridge. light of the junk on the port bow. But the those on board the steamor and that hor not partly owing to the numerous sand banka and rand in latitude 20° 9. N. and L. 110' 28 Roseded to her asiatsuce and by means of Dojila first book the ground until she
28-wire officer of the watch and the master oxplain being seen until she was, is thus secounted shallows and partly to its exposure, the wind The Fartage framediately stained as close wire hawaor which was passed from her to arrived at Hofhow the master and craw. He was also very badly Lurnt all over the
is thus secounted testiging to a gale without any warning a set, which was signalling to be the 40 minates. of that they were looking on the port bow for, even although a proper look-out was often changing to a gulo without any warning. as she could approach to the distressed the Partridge the Partridge succeeded in retained on board her and no risk or body, and is not expected to live. The of that they were looking on the port bow for, and that it light but boon shawn by By the servicos rendered the plaintiff ma- vessel, which was signalling to her, and dominates. Aftor this successfui service The defendant submits to the judgment of face and body; while the clothes of both more anxiously than on the starboard bow kept and if a had towing her off into deep water after about danger was incurred in their so doing other cantie is also badly burnt shout the
that ma-vessel,
red the plaintiff ma- vcasel, which was signalling to her, and for the light-house light, as alt bag of H. M. S. Albatross for the night, salvage to the plaintiffs andor the oireim who was entering the deer at the moment. for the light-house light, as although look the juke in sufficient time there would terially assisted in preserving the Defile, anchored in four fatlions of water. As the 30minates. Aftor this successfui service The defendant submits to the judgment of face and body; while the clothes of both
cargo on pulsed in ing for it on the starboard bow they feared inve bean to collision. In that casa it was hor cargo and freight and those on board Partridge neared the distressed easel, those the Partridge aachored close antern the Court to award such moderate amount of men were reduced to tinder. A third man
neared the distressed vessel, those her from total loss. The plaintiffs have on board her minds ready a boat to go to 17th.alances that it might, owing to the direction of the cur-stated in evidence that when the moon
for plaintiffs have on board her made ready a Boat rent, have appeared on their port how, and shining at the back of a vessel'e anila, she paid the sum of 8071.50 for lighterge and her assistance, but before the boat was acta and on the following morning viz, the 17th stances as to it shall aeca meet
Captain Stavors and Mt Duncan Forbes, face, and slightly on one of his knees, pazt if the light had appeared one to The s if the light had appeared on their purt' boy case be seen by the moonlight a great way coolios produced for tho Dafila. The Dofils ally lowered the 2nd engineer and some May the Partridge loft for Hoiliow where
moonlight a great way coolies produced for tho Defifa The her assistance, but before the boat was actuand on the following morning van the 17th stage to the plaintiffs andor the giren they would have had at once to alter their off; int if the moon is shining in front is an iron serew steamship of 552 tons re-firemen of the Dalla came off in a boat she arrived on the morning of the same day. sacond mate of the Pastridge were exam of his clothing also being burnt. The
if the moon is shining we go the Albatrose for the night, salvart to award such moderate amount of course. That they had some such fear in, of her sails she can be seen no distance; gister and was bound from Bangkek to from the distressed vessel; which proved. The sans day about 2 p.m. MS. Albained and gave evidence mainly confirming three injured mon wore taken to the Shau
fronto same
trous Defilz think, borne out by the fact that the master and that under such circumstances her Hongkong with a cargo of rice. As salved, to be the steamship Dafils which had fross staarned into Hoihow having the file the statements made in the petition. The tang Road Hospital, where their wounds ware attended to When our reporter rolioved the officer of the watch in order hull would be man before her szila. This the Daffa has for the purpose of this notion run short of coal and was attempting in tow. The locality in which the Dale case was then adjourned till to-morrow.
an ashore is extremely dangerous, partly
visited the Hospital at 6 pm, one of that, the officer of the watch might go and seems to bring the present case within the been determined to be of the value of to coach Hohow to obtain a fresh at ashore
the men was evidently in great agony, The value of her freight was supply when she ran ashore.
owing to the numerous sand banks and As the owing to taka soundings. The conclusion to which I principles which governed the decision in 820,560).
Asakallova het cargo was Dafld's boat the out any warning
IN SUMMARY JURISDICTION.
RB he was screaming out with pain. have come to, therefore, assisted as I have the ease of The City of London. Swabey, 216 82,002.89.
206
The value of her cargo was Dafild's boat lay alongside the Partridge, allows and partly to its exposure to the
He was tho wann who had lost his fingers, bean by the Nautical Assessor, is, that approved in the Privy Council, Swabey, 30 about $20,000. On the 27th May, after those na board the Defile, signalled to the act, the wind often changes to a gale with-
with (Before His Hon. Mr Justice Russell, Pulsne The good man was lying in bed and vary bat any warning and she could not he ap(Before His Hon. Mr Justice Russell, Puisne The good look out was not kept on board the S.C. 11 Moore's P,0., p. 307. See also executing the necessary repairs, the Da- Partridge to pick up their boats, two of pronched without great risk. The weather
Jaudigs.) 1
quiet; while the third mit was walking junk and that no proper light was shown on Samphire Fanny Buck, Holt p. 106 leit Hoihow for Hongkong, taking which had drift away to leeward in preached
e 106:ecuting
Free
The 1st during the time the services were rendered
Tuesday, September 28.
abont. All three were enveloped in band. board the junk le dae time to warn the the Fenian, L R., 3P.0., 215; the Ozania, on board most of the cargo which had beet and cavouring to lay out a kedge.
ages and cotton, though the third rast had stearer of her proximity, The regulations Lash, 420. In this case I consider at the salved from her, and on arrival at Hong and 2nd officers of the Liofila and nearly was fair, but on the toti and 16th May it
on board the said two was at tuues overcaat and threatening and GEO MURRAT DAIN ZAM YIK KI, unly his face covered up. We believe some admittedly to ligula Regulations Dir France the power of a lump su are admittedly, not binding on the junk was alone to blame and the claim kung the whole of such cargo was delivered all her crew were on board the said two was
foreignors, hearing the explosion, ran in to to Brand junk with regard to lights. According against the steamer must therefore be dis-to the Yaon Fat Hong before the plaintifs boats. The Partridge, accordingly, at once during the morning of the 16th May, the ALLEGED BREACH OF CREEMENT,-8500.
barometer was failing and the weather up- Hor and recovered the Beats, bring-peated likely to be squaly. The 2nd mate ages for alleged branches of an agreement could for thets. The bullets from the could arrest it. The Dafila has been or have anchor and recovered the boats, bring-brud likely to bu
This action was to Maritime law, apart from Regulations missed with costs
brought to recover dam. see what was the matter, and when they saw did what they no mailing vessel in board to carry a light at Mr Francis-May I call Your Lordship's dezed to be sold under a commission of ing thera back as near as sbo could appeared likely to be squally. The 2nd mate ages for alleged, breaches of
commission of ing them back as near as so could are said to tuve been scattered all times, bet every vessel at sou as is only attention to the power possessed by the sale and the proceeds thereof to be paid proach to the Lafia, and but for this of the Partridge was on board the lighters unter which defendant was the lessee of tho could for theto The bullets from the in and the Dafila, from about 11 p.m. on the Chinese Mail up to the 1st September 1886. cartridges as a sund one of them
tes under which defences of an agreement to roauded Chiaumen they did they sa
the lessee of the reasonable is bound to show a light whou- Court to direct payment of a lump sum in into Court.
timely service the plaintitis apprehend the and the Dafila, from about 11 p., on the one
Mr Mossop, of Messrs Dennys and Mos abrit all directions, and one or m sver it becomes necessary. If a vessel at view of the taxing of the accounts. The The plaintiffs claim the condemnation, boats and officers and crew would 12th May to about 1 p.m. on the 16th
plaintiffs are not actual residents was in want of sufficient food, in constant pro
hero-and of the Daffe and her fruight in such an have drifted away. On approaching the May and during the printer part of time sop, sppoared for the plaintiff; and Mr struck a gentleman in an adjoining office and in consequence of that neglect is no security has been given. It might be a amount of salvage remuneration as to the Dalle second time the Putridge again was in want of sufficient food, in constant Bowles, front the ofties of Mosers. Wotton Complaint is made that there was no ambu
serious disadvantage to the defendant in Coort way seem just, and such other or fur came to anchor, and shortly after those on for and peril of his life and throughout and Deacon, represented defendatit. serious disadvantage to the defendant in Court way seem just, and such other or fur board the Diafila signalled to her to send watch over the coolies who were assisting plaintiff, explained what the alleged breaches that in Hongkew, but the other Station fear longo at the Police Station to convey the been held that the parties injured can this case it before he could recover anyther relief
this case it before he could recover any ther relief as the nature of the case may their boats back to procure and send him in salving the cargo. On firat going on consisted of. They took place under clauseonght slac to be provided with these nocea
yther relief as the nature of the case may was obliged to keep a persistent and vigilant have no reasonable ground of complaint. thing while the accounts were being pre-require.
theters 2nd their boats back to procure and send watch over the endlies who were assisting Mossop, in opening the case for the injured man to the Hospital. We believa See Towndes on collisions, p. 78: the parod and taxed by the Registrar the The ans
fighterz to the Dafla, in order that the board the Daftar, the fad mate hail supplied one, Four and five of the agreement. Unsary applicances for removing injured pec- The answer to the petition was to the lighter to the Dafie, in order that shohin in salving the cargo. On firat going on Posisie, explained what the alleged breaches the only Station that has an ambulance is
themight be lightened and thus if possible got her L. J., N. B., 208; the Fictoria, 2, plaintiffs were to leave the colony. If Your followi W. Rob. 54 the Sagcnia, Lush, p. 422 Lordship refers to your register you will Lang is the
Your following effect:-The defendant James might be lightened and thus if possible got board the Daftar, the Lud mate hat supplied ature fervices aforesaid the fore. Mr Blossop explained that it had beata
Dafla. colies procured by
The of the bank on which she was stranded. crow with such provisions as he had der clause one, plaintiff agreed to supplysary applicances for removing injured pec- The of the bank on which she was strandor necessary for the printing a Laug is the owner of the Dafla. In the case of the Saxonia, it was held by find a good many cases of a nature similar
similar, while on a voyage from Bangkok about 4 p.m. and proceeded to Hofhow, silving the Dafin's cargo was to the amount of paper, labear and new typo, as hereto The Partridge accordingly again lova anchor Chiace Mas excep imilar Dola, while on a voyage from Bangkok The Partridge accordingly again lova anchor witla hira. The expenses of lightorage and all the material
The Partridge the Privy Council that the Acts of to this and from them you might be able
might be able to Hongkong,
to Hongkong, manned with a crew af 26 about 4 p.m. and proceeded to Hofhow, coolies procured by them for the purpose of and publishing of the Chere he printing perhande
silving the Daylin's curge was to the amount of Parliament relating to collisions at an to judge as to the sum to be paid, and per bands and laden with a cargo of rice, having where she arrived about 7.30 the same 84,000. By the services aforesaid the paper, labor and new typo, as hereto. which precoded the Regulations were haps somewhat less than the ordinary run short of cont, was mairing for Hoihow, evening. On the way to Hoihow the plain-fi
run-short
ort of cool, was making for How
the plain hafia, hur vargoand the lives of those on the habit of the lessee to renew the type September Mr John Fay arrived in not binding on foreign vessels and The Bount might be awarded.
hiny when at about 4.99 a.m. on the 19th May tiff, Drican Forbes, the second mate of the Defla, bor cargo and the lives of those on the. Mr Blossop explained that it had been Bit Lordship said be had some doubt as 1386, she ran aground, remained upright Partridge, had at the request of the plaintia plaintife claim the condemnation of the Ave, the les500 agreed to band Bio Lordship said be had some doubt as 1986, she ran aground, remained upright. W. Stavers, offered his servicea to take Defla and her froight in suoli an amount of type at the termination of his agreement in suffering from swollen fest and niosta, pe-
board wore saved frous total luss. The Master of the Heils, in giving judgment,
se it became worn out; and under clause principio, therefore 1986, said: Th
lessos over the and was at oños conveyed to Hospital to whether he should award costs at all, and lay still. Efarta were than made to J. which this case must hor lighters to the Dofila and to render all the lege
Pri be decided mast particularly when considering the manner get the Dafla again afloat by working with assistance he could. Accordingly, as soon as neem just and in the cost of this action: alleged that defendant had not handet over walk-bare-footed distatice of nearly salvage semuneration, as to the Court may ko good order and condition. It was now sasiound by lusving been compelled to be found in the ordinary rules of the in which the master could not see the junk angines and carrying out kadges
the junk at the Daila again afloat by working hor lighters to the Dofile and to render all the Dalla and her froight in such an amount of the lesoo agreed to band over the Renang this morning by the 8. S. Hajah
der and condition. It was how Bus. That being eatablished there are two until alis was close on the steamer. Taking warps About 10.60 the Partrige, which the Partridge strived at Hoihas, the second seem just and in the cost of this action: alleged that defendant had not handed over aloud by having been compelled to
Partridge's
second and such other or further relief as the the type in the good order and condition, 120 rules affecting smiling vessels of al countries however the whole matter into considera was bound for Hainos, one to the Dofila mate, with the assistance of the Partridge's patt which in our opinion decide this case, tien it seemed to him very hard, after har offering aasiatsous, but after having agents at that port, prooured a floot of twenty
and so much was it deteriorated that plains: 120 railes through donis and about un- The first of these rules is that a vessel which ing gone back and saved these people, they picked up two of her boats further assist lighters with a complement of Chinese The answer to this potition, after setting tiff had had to purchase, at a cost of $800, rento jungles. Otherwise Mr Fay
nun frequentod has the wind free is bound to give way to should bring on action against him.
they picked up two of her boats further having gents at that port, prooured a floot of twenty nature of the case may require.
auce was declined; but those on board the coolies and a Chinese pilot and again forth how the Dafa grounded, went on an entirely new fount of type. This was in tolerably good health. Mrs Hanson will versal oloso bauled, and that a steamship Mr J. J. Francis-Your Lordship having Partridge were asked to report the Dufila started for the Dujila at about 11 am, the to the following effoot-About 10.50 s.m. the most serious breach of the agreement arrive here by the Dutch Mail steamer, ar to be treated as a vesast which has the decided after full consideration to give at Hoihow and sund lighters to her. The same night. The fighters reached Hainan the British steamship Partridge, whose and the plaintiff after making fair allowance very shortly. Are Haveen nisip wind free. This was the cuss of the costs, I would ask that you fix a lump sum. Partridge left for Hoihow at 4 p.m. and the bead about & a.m. on the 13th May, but owner, master and crew are the plaintis in for reasonable wear and tear, estimated the tion, on allenard hip and priva
20cl
tion, having to walk-alan birefonto tion, having to wallt-also barefontaron Saxonia; she was therefore bound to give I can only ask that you award a lower Danita remained in the same position allowing to the tide and current which aweeps this action and which was on a voyage daruge done to the type through careless- way to the flipse and tho. Eclipse had a amount than you would, judging from past night, lying quite still and making little round the beadland, were obliged to to Hehow, came to the Dufils offering neas aud want of renewal amounted to $250. the downward journey upwards of 80 miles. full right to expect her to do this and was experience, have given in such cases.
Bethew, on the night, lying quite still and making the indy
ano and the od 15. so water, the weather continued fine and the come to aucher. The lighters again start assistance, but after having picked up two Some of the typo was now absolutely wrth are glad to learn that the unfortunate not bound in any respect to alter her cours
sun calm. The next morning no lighters of as soon as it was possible, viz of the boats of the Dafita, which had been less. Another brand va
it was possible, viz of the boats of the Dafila, which had been less. Another branch of agreement was lady ke,t a regularly posted-up diary, so having arrived, the chief zato of the Dafila about 8 p. n. the same evening, and carried away with the tide, the Dafla, at that the compositors of the Chinese Muit that upon her arrival here, we shall no But the accond rulo which we consider
vening, and carried away with the tides toistance, but according to the agreement wers required periences of a threa month captivity, and Mail doubt be in a position to publish the ex- affect this case is that though the close
proceeder in a Chinese boat to Hoihow after beating about the whole night, renoher 12.30 p.m., kofused further resistance, but according to the agreement wers required hauled vessel is not bound to give way, she
where be applied to the plaintifs, who are the Dala at about 4 where he applied to the plaintifs, who are the Dafia at about 4o. a. on the 14th May; requested the Partridge to raport her in to pather and collect charactors for the Periences of a three months captivity, and which, we feel assured, cannot fail to is nevertheless bound to show some proper
merchants-carrying on business at Haihown their arrival the Dale was in a pro- Haibow and soud lighters to hor. Atabout China Review and Ching Mail sad other which, we fool assured, cannot fail to merchants carrying on business at no carious positim. She was listed over peceried to Haibow but did not report the Chess Mail. Thi and sufficient light in time to enable the THE GROUNDING OF TEE DAFILA. Dofils, which they agreed to do; and there- oily of the tank, and as was subacquent the Dafta
TEE DAFILA. Dofil, which they agreer appointed the roared on going on both had no deprive the hole of that night the are the publication of the book
to furnish him with lighters and coal for the carious position. She was listed over 4p.m., the Partridge hope up her anchor and work, when not imployed on the work of prove acaodingly interesting,
listed - Haihow wid sourtridge to constance, nt ac the compositors, of agreement hinde glad to leave upwards of 80 mon stoamship or other vessel whose duty, it is
Dafils, which they agreed to do; and thore considerably to port and was bumping proceeded to Haibow but did not report the Chiness Mail. This condition was ful to give way to avoid any collision. No
upon the plaincy Haibono upon the plaintifs were appointed the heavily on the tanke, and as was subsequent the Data to the authorities but concealed filled until the beginning of the present blame can attach to vessel for running
Or Fusing The hearing of two actions, one raised agents of the Dafita, widch appointment ly discovered as going on board her, her the same and theraby endeavoured to year, since when plain had been put to
Daffa witch appointmain Data foul of another vessel, if it has been pos by Moara Schomberg & Co., and the other was afterwards confirmed by the mas-main steam pipa was broken. She had no deprive the Days from receiving any other contant inconvenience and annoyance and sible to distinguish it until the collision was by the owner and crew of the Partridge, tar of the Dafla. On the 14th May maal on hoard, her crew were in dire distress sale quite still, the weather continuing and the publication of the Review
Mayal assistance. The whole of that night the even expenas through its non-falliment, inevitable. This is not a question of green now consolidated into cins action, against the plaintiffs. proecded and despatched to for food, water and fuel, and there was and the sea calm and no lighters aving almost always delayed and hdr Balt's book. Dafituley was inevitable it until the on impos. The hearing of ors red light but of no light at all. ses red light but of no light at all. A the owner of the Dofila, for services to the Ikatia a number of lighters; coolice and considerable amount of water in her stoke fire and the sea calm and no lightera aving almost always delayed and Mr Ball's book vessel at anchor or a fishing bost is bound the vessel while aground in the Hainan 9 tons of coale, for which cual they charged hole which increased in amount during the erri Bayila preceded in Chiness boat to difficult to estimats the actual damage arrived the next morning the chief mate of was also delayed. Mr Massup said it was by the go to afford to the vessels whose Mr J. J. Francis, instructed paring mate and the plaintiff Ludwig Juden die and planks toru from all parts of the stingtridge, returned to the Data with a number ones by the gouent rules of the sea to exhibit a Straits, was comasaced this formoon, and have been paid $300. Owing to the day, notwithstanding: the constant use of the Dofilu proceeded in a Chinese boat to which pituint statenda by this demag light so as to afford to the vessels whose ir J. J. Francis, instructed by Messrs calm weather the said lighters with the first the dukey engine to fight to wredd me on the 14th May, the plaintiff Duutan hut he thought it was suficient to entitle
the Hoihow obtain kent by wood dau, duty it is to avoid her the means of Sharp, ught Forbes, who is the second nunte of the Par hire to sams damage. Defendant had also doing so. But it has been urged that Johnson and Stokes appearing mate and the plaintif Ludwig Judell did fires in the chip being kept alight by wood day me on the 14th lighters and coal, about which plauti sustafael by this breach, But it has been urged that for the plaintiffs and the Acting At not reach the Defla till about 4 p.m. the and planke boste of the Partridge on going fridge, returned to the Data with a number stipulated to do whatever translating was
that Sharp, Johnson instructed by Moss and have been paid coal they charged poliderable amount of Oven if I came to the conclusion that torney General, instructed by Messrs Wot following day, by which time a portion of Theses the Dogia, was requested by the of lighters and cookies and with the per required, and plaintiff soon found that he the junk was to blame in the first to the junk was to stainer was alec to
first to toni and Doseon, for the defendants. the cargo of the Defile having been tres on board Defla
the car into lighters Partridge, which she and therefore tranship the then farten About stance yet that the stunner was સ્થા biome either for not having see the junk of Mr Leach for the plaintiffs. These the second mate of the Partridge, the Dalla rimo authority to make any agrostbot, the lighters but this was done without any last day of his lenso, neglected to issue Mr J. J. Francis said he appeared in lins shipped into lighters which had arrived with moster of that ship to outer into a salvage mission of the master and portion of the was incompetent. Besides these breaches scor, of a Lot painted agreemont with him. This he digefined to do, cargo was transhipped from the Dafila inte defendant, on the 31st August, the at a greater distance off before the collision of Mr Leach for the plaintiffs asshipped into lighters which had arrived with menter of that i was requested by the of Lighters and cookies and with
distance off before the collision actions wore for salvage. There were two had shipped off the back upon which she having no authority to make any agrottest difficulty or risk to the Dujita, the lighters the Chinese Mail in the morning, notwithstanding the want of proper lights ta
sto bila per il nets of claimants-Messrs Sabornberg & was stuck into deep water. The weather and therefore at the said master's request
cr or that the steiner was to blame for going Co., of Baiian and the owner, master and was throughout fine and calm and the sea he proceeded to tranship the Dafila cargo or to surene on board of them, the and it was only late in the after- at too great a este of spoed or else that the crow of the steamship Partridge. Although smooth, and when the plaintiff Ludwig into the lighters which were thors fasteno said Duncan Forbes simply nostating noon, after he had boug written to by than aho did in the 14th May and was continued through the bank upon which she was stuck in Mait, and steamer ought have taken some step other the notions had been consolidated at the Juddell arrived on board, the Dale was alonade the ship. The work of tranship About 13.15 am. on the 15th May the Mr Mossop, that it was published Moan-On London- Other of the steamship Partri afer and was throughout the water. The weather and then authority to make any arestado, cargo was transhipped from Portion of the was incompetent With regard to the second contention, the separate judgmont should be given for each, her pumps easily keeping down any water out the day until 6 p.m., and at that time deep water. At that time the Dff was he subscribers of the Chinese Brand order to avoid the collision suggestion of Hin Lorcalip lie asked that a lying quite still and in no danger, ment a commenced at about 5 am, on Data having been lightened slipped off while he had issued his own paper, evid
stuck inte ently with the intention of injuring the decisioas on the subject are collected in as they arose out of quite diferent and dis- she was making. The coolies prouchy 3078 bage of rice had been saved and the making a little water in her forehold, and the subscribers of the best And Maradon on Collisions, pp. 31-356. In tinot services:
collected in as they arose out of quite diferent and dis- she was asking. The coolies procured by Chinese Mait, and sents his own paper to
the plaintiff proceeded to and did discharge a of the Chinese Brau. that work occurs the following passage ---
Mr Francis then read the plaintiff's poti into the lighter procured by the plaintifs Dofile was considerably lightened. Each after tank, but the panipa worked by the not only did he do this bat he took away *ft may be stated as a general rule that tion, which is as follow
a portion of the cargo of rise in the Dufte lighter as it was laden was immediately donkey engite gained on the water and all the books, the book containing this list speed such as that another vessel cannot he Tas plaintiffs are the partners in the 1,830 bags in all being transhipped by such despatched to Hollow, except one as Lore-kout il down. About 3 p.m. mace lighters of aubaeribers and the book containing ad-On
lighter Boibow by
mout anen in time to avoid her is sunlawful plaintiffs are the partners in the 1,830 bags in all being transs in the Dufila, lighter as it was luden was immediately donkey engine gained on
ful Arm of Messrs Schomborg & Co merchants coolios. The plaintiff Ludwig Judell meaninafter mentioned. By the first lighter and some coal which had baun ordered by vertisement orders, leaving the new lease Epsed which is justifiable in an unfrequent of Heihow. On or about the 15 May 1880, while remained on board the Data, of his which was sent off the second mate for the chief mate of the Data arrived, having without knowing who his subscribers were ed part of the ocoin is unlawful and evon the plaintiffs were informed that the own accord and without being in any way warded an urgent request in writing to the teen sent from Boibow by the agents of or what were the orders for advertisements: erimtinal in a crowded roadstead or highway Lofile, was on shors about 35 miles to requested by the master or officers of the agents of the l'artridge for topplies and more the Dafla. And further carga was tran Bis Lordship suggested that defendant and speed that would be moderate for all and speed that would be modsate for a east of Hoitow, in want of assistance to Dafila, and thore being absolutely no risk lighters; by the last lighter which was de- shipped until the Dale was sifficiently was entitled to the fruits of his own handy paddle wheel sug may be highly in lighten her and without coals and pre- and very little discomfort in so doing. On spatched about 6 pto a send urgent lightened to proceed to Hoihow. About labours, and that he did not think the proper for a low heavy power acrow steamer, same
rovisions. On the sirne day the plaintiff the morning of the 16th bay about 10a.m. requent was again sent by the second mate, am on the 16th May the Partridge books belonged to the plaintifi
and that
Mr Massey pointed out that this was a And again: A vessel goingattoo greatarals Ludwig Judail at the request of the chief H. M. 9. Albatross having arrived and the at the request of the master of the film, gain have in sight and came close to the of spend on a dark night or in thick weather Dafila
ther mats of the Dafla, who had arrived at afla, being then aufficiently lightened, she to the ogauts asking for lighters of carrying Dafla, shees being ther. about 2 fathoms going concern, and that defendant could On Calcutta cannot be he dark night of it greatarals visions and without assistance to requested be cannot be heard to say that a the otsus on due to eellision was Hoihew, volunteered on behalf of the firm was with the assistance of the steam launch capacity for 1000 pienia. The master of the of water and the Partridge, was only not possibly have any interest in the busi to and boats from afterwards toward by the possible. After kuccione junk was bow but this was immediatal teatros fendant had issued Mail and others, in der to take coals provisions and lighters to and boats from the Aibatross warped into Dafila slso wrote to the said agenta request drawing about 10 feet. The plautid, nos after his lease expired, and also that such circumstances it is her duty to go at the ofer such an Dellaphe an
1024 of the Dalla. The offer was accepted, clear water and afterwards towed by the ing that a tug-boat should be sent as soon John Willie Stavors, went on board the it would be impossible to carry on the busi-On Shangha atch a rate of speed ad will enable her after and having procured after great trouble Albatross into Hoihew, where she arrived as passible. After knocking of the work Defla and offered to taw her into Hoi-ness of aug going convert without the hooks
Mir Mossop far 30 days' nicht, stopping and reversing her engines If her a lighter with ocals, and having given about 2.30 p.m. on the 17th May last. of traniliipment for the day one junk was bow and remove the remainder of her which had been in use, le
17th Mayved as possible. buat should be sent request drawing Dafla was de be speed is higher than this she will adossadors for other lighters to follow. The whole of the time the age was de kept by the 2nd mate of the Partridge near arge, but this was immediately refused ther drew attention to a circular which Gold Low, 100 fine
6. Albatrosses to the Chin se almost
to the sub- Sovereigns, gorfainty be hold in fault for any collision befors daylight on the 14th Mag. Oring, was quito fue and the sea calm and smooth, case of ficcident About 12.15 a. m. po the arrived to render parintance to this Defle, scribers to the Cence Mail and ethers, in
with all despatch, the plaintiff lart Hoihow tained in the Hainan straits the weather the Bala during the night to he made in about the same time H.31.Sibatros fendant had issued ironiar altaong she way to her before five
Temperature. that may or, although she uny de her however, to the contrary state of the tide andat that time of year there gaznolikelihood 15th May the Lafa owing to her having which, without any haculty, with the aid of which he made it appear that instead of bost to avoid it when the other ship is seen. and wind the plaintiff, after having proceed of any bad weather setting in, and the mae which she w stranded, and by her master's was warped out into deep water and at 8.80 (the Wah oz. Yat Po) was simply to remove
15th May the line of the bans in the steam launch and boats of the Albatrosi hin starting a now paper, the Chinese Mail (Taken at Mare Falconer de Do's Prende,
bun water This contention I do not think Head been lightened, slipped off the bank in the steam launch and boats of the Albatrasi hin starting is the mouth of the plaintiffs send some distance, found it would be imposter and arow remained on board her and no which she w stranded, and by her matter's was warped out into deep water and at 8.80 (the Wa's Fat Po) was simply bo in
according sible to reach the Dans that day. A risk or danger was incurred in their so order a second anchor was put out in 8am on the 17th May H.M.8. Albatross its place of officeand be issued in a new forms to their case it was a fine starlight night the red 45.50 and a staator's white light would be seen cordingly, having given orders to the lighter doing. The defendant denies that the fathoms of water to Berns her. At this took the Duft in tow for Heiben, where In this circular the new paper was at BAROMETES
Do. and a stuator's white light would be seen to proceed with all despatch, ho himself re- plaintiff Ludwig Indell anderwont great time water was rapidly coming into her they arrived at 2:30 pm the same day. Web-to-Toit Po, and plaintiff throstened to
loves at a distance of over 4 miles and mink- at a distance of over 4 miles and under at sune Wak-tos Fo, new paper was styled the
der tornod to Holbow in a fishing boat, where peril or risked his life on behalf of the Da afterhold and it was feared that she was The defendant deries that the steamer obtain an injunction against defend theso circumstances I do not consider he arrived at 12.30 p.m. the same day or those on board her, or that the loos-sinking, and accordingly at her master's re- Partridge is of the value of $5,000) e inguse of this term. Defends had also sent the rate of speed, provided a proper look At about 9 pin. the same ereting, the tide lity where she grounded ja dangerous, ar quest the second mate of the Partridge grid tant admit card the of number of soples of his now reper to blie ent was kept, szcsinivo, taking into consider being than favourable, the plaintiff, aseo that the survices rendered by the plaintif ordered the lighter to come alongside of Partridge picked up two of the boats of the subscribers of the Chinese Max and marked ation that this was the only junk that was
was panied by the Chief Officer of the Data, mstorially assisted in prosseving the Dafa, the Baste. After some delay and difficulty Doo were in there, hosts on the out the the Mail Mr Mes Do (Wot bulb) 9 a.. neen or is alleged to have been in the neigh panied by the Chief Officer of the Defile, materially assisted red by the plaintif ordered the lighter to come alongside of Partridge picked seen or in alleged to have been in the neigh gain laft Homes for the Dafa with six her cargo and freight and those on board owing to the refusal of, the coolles on board cry of the file were in them, there being sop simply mentioned these things to show bourhood. With regard to the contention row mentioned bourhood. With regard to the contention lighters, having a complement of coolies, at her from total loss. The Dufili, after hav to obey the 2nd mate the lighter was only five of her trat in cach buat ; and defendant's motivasy and intention
་ in the case of the Oity of Antuerp and the interpreter and provisions on board, and af- ing effected temporary repairs, left Holbow trough talongside. Thereupon the Zud máte further is danica, that the two bonts would Mr. Bowlas said.
Mr Bowles constrastion which Frederick, L. B, 21, 0., p. 30, Lord West ter heating about all night and the and proceeded with her cargo to Hongkong caused the cookies on board the Dofile and have it away but admits hervice of the ought to be put upon the greument with bury in giving the Judgments of the Privy groster part of the next day reached the where au arrived on the 29th May last, but all the effects of her master, officers and Fertise Budent admits that the Zola nevard to the typu was that the typo was to Council, said It is undoubtedly true in Defic at about 4 pm on the 15th May no action being commenced antil 23rd Juos crew to be removed on board the lighter of cost, but depied that she was in a precari making all fair and reasonable allowance for
was lined slightly to port and was in want be handed back in like onder and condition. cases of collision between a sailing vessel 1 29th bay last, but all cates of collision between a sailing vessel On reaching the Dafla she was found lying last, her cargo was discharged and delivered which was secured alongside. After pass of a hit or that the sea became one
busy no action Anda atsiger that although the sailing On reaching the Dafila she was found lying as being commenced until 23rd Juos crew to be rataoved on board the lighter was free budunt admits that the Zola rezard to the ship may be found to be guilty of miseen in a with bra lose proximity to a band to the consignees thereof and was by thoming an anxious might owing to the constant us position or that she was bumping at all wear and tear.
of the Lon the bank or that her crew ware in dire Bir Mosson then called tak with breakors all round her har pe cold and disposed of; sad tas me has not expectation n sinking, the pauition of the on the bank dust or not to have plaerved, the adling thing
regard to QD- regulations, yet the steamer will be held ation was very dangerous and she had been arreated nor has service been effected ship, the turbulence of the coohas, and the distrem for foods, water or fuel. He denias plaintiff's allegations with evidence, to prove steamer win he held considerable quantity of water in her holds thereon in this suit. The Dafli has been fear that the wind might suddenly change that there was any risk or danger to thedition of the type and other matter, aut culpable if it appears that it was in her and stake hole. On going on board the sald ander a commission insuot in this suit to the East, in which case all hands would Dua or those on board her on the night of ano na to what had been the practice in
non has been for the turbulencing the positio constant ous but devies port on the aflaught to powres to have proided the collision, Data, the plaintif found her master in for the sum of $15,000, which was the probably hare best fest, it was discovered the 14th May, or at any other tinio that transforming the paper from one lessse to cannot be too much insisted on that it is compl
complete ignorase of his position, not harbighest price that could be obtained for her, that the water was not gaining She had, Lore was any occasion for the effect of the other fas duty of a steamer wherever there is » i dug a chart of the locality in which his ves, and the defendnut says that such sun is her however, a considerable quality of rater master, officers and crew to be remored on
મ
by
a
Hlie Lordship The result of that would be that an attachment would be made.
Mr Franois-Probably.
It
etter
His Lordship-I think you had better send in the accounts to be taxed.
ACTION FOR DAMAGER
fir
grow
tad
fter
at We
light
Partridge. Defendent Elofila
-
the frie
be paid the constions
$1
.17
Old
Mrs
Quotations.
HONGKONG, September 28. OPIUM-New Patna, cash,........... 5171/520 New Benares, cash,..." 505/507) Old New Melva, pash, 520 Allowares, Tazis... 48, 14 Old Malwa, cash...... BAS Allowance, Toute 43/80 1880 Persian, Dily, cash... 400/470 Allowance, Taela 16,32 Persian, Paper tied... 400/500: Allowance, Trels...... 16/32
Exchange Hosokoro, September 28,
-Bank, Wiro,
921 a 3/9/
On demand
"
30 days' night,
4 months wight Credits, 4 Documentary, monta
Paris On demand,
a8/5
4.05
Credits, 4 months' night,
On demand, ... Credits, 60 days sight, On Bombay
4.15.
Wire,*** On demand, Wire,
On New York
On demand,
On demand,
Do
22%
$32.55
$0.08
Queen's Boud, J
980.070
·30.040
30,000
80
82
1 F.M. 42...
THERMOKSILE9AM
Da
Do
481
De
Maximum .....
Da
Do
Do
82
Bo. Minimum over nicht 78
METEOROLOGICAL REGISTER.
AT 4 PM, TO-DAY::.
Temperatura Humidity Direction of Wind Force
29.97
66.
Weather
Barometer
Me Boring also galled defendant to prove Hongkang Observatory, Sept. 28, 1886,