{

6. The "Asia" then set on ahead and attempted to tow the "Crosby" afloat, and so continued towing without effect until the bawser which belonged to the "Asia broke.

7. The masters of the two vessels being then both agreed in opinion that it would be necessary to lighten the "Crosby" before she could be got afloat, it was arranged that the cargo from the "Crosby" should be taken on board the "Asia."

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 wae 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 bauled alongside of her and commenced putting the tran- shipped cargo again on board the "Crosby," and continued doing so until about 6 a.m. of the 30th of 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 dauger of being lost with her cargo.

12. The "Asin" 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 Nikolaer being at the time imminent.

13. The value of the bawser of the "Asia" broken as herein stated was $400.

14. The "Crosby" is an iron screw steam ship 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 it 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

18 .

(Signed) A.B., &c., Plaintiffs.

ANSWER.

In the Supreme Court of Hongkong, Admiralty Jurisdiction. [Title of Action.]

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.

2. The Defendants submit to the judgment of the Court to award such a moderate amount of salvage to the Plaintiff's under the circumstances aforesaid as to the said Court shall seem meet.

(Signed) C.D., &c., Defendants.

REPLY.

In the Supreme Court of Hongkong, Admiralty Jurisdiction. [Title of Action.}

The Plaintiffs deny the statement contained in the 1st paragraph of the Auswer, that the shipment of the cargo was completed by 4 a.m. on the 30th April.

Dated the

day of (Signed) A.B., &c., Plaintiffs.

18

25

121

Share This Page