te ital
oby.
of hels
12. T
44
Supreme ANSWER.
In the Vice Admiralty Court of
Adimírally
Hong
[Title of Action.]
Kons
1. The Defendants admit that the statement of facts contained in the Petition is substantially correct, except that the reship- ment 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 Plaintiffs under the circumstances aforesaid as to the said court shall seem meet.
(Signed)
REPLY,
C. D. dv., Defendants,
In the Vise-miralty Court of Hong Kong
Ad unrally Jurisdiction [Title of Action.]
The Plaintiffs deny the statement contained in the 1st para- graph of the Answer, that the shipment of the cargo was completed by 4 a.mu. on the 30th April.
Dated the
day of (Signed)
18
A.B., &c. Plaintiffs.
b. (The "Newcastle.")
་དིཾ་/་རྐ¢«ས¢ PETITION.
In the Vice Admiralty Court of
aduu
[Title of Action.]
Writ issued
18
1. The "Emu" is a steam tug belonging to the Whitby Steam Boat Company, of six tons register, with engines of 40 horse- power nominal, and was at the time of the circumstances hereiu- after stated manned by a crew of five hands.
2. Just before midnight on the 22nd of July 1876, when the "Emu was lying in Whitby harbour, her master was informed that a screw steamship was ashore on Kettleness Point. once got up steam, but was not able, owing to the tide, to leave the harbour till about 1.45 a.m. of the 23rd.
He at
45
3. About 2 a.m. the "Emu "reached the screw steamship, which was the "Newcastle," which was fast upon the rocks, with a kedge and warp out. The wind was about N., blowing fresh; the sea was smooth, but rising; the tide was flood.
4. The master of the "Emu" offered his services, which were at first declined by the master of the "Newcastle "; shortly after- wards the kedge warp broke and the "Newcastle" swung square upon the land and more upon the rocks. The master of the "Newcastle" then asked the master of the "Emu" to tow him off, and after some conversation it was agreed that the remu- neration should be settled on shore.
5. About 3 a.m. those on board the Emu got a rope from the "Newcastle" on board, and began to tow. After some towing this rope broke. The tow line of the "Newcastle" was then got on board the "Emu," and the "Einu" kept towing and twisting the "Newcastle," but was unable to get her off till about 5 a.m., when it was near high water. The master of the "Emu" then saw that it was necessary to try a click or jerk in order to get the "Newcastle" off, and accordingly, at the risk of straining his vessel, he gave a strong click in a northerly direction, and got the "Newcastle" off.
6. The master of the " Emu" then asked if the "Newcastle" was making water, and was told a little only, but as he saw that the hands were at the pumps he kept the " Emu" by the "Newcastle" until she was abreast of Whitby. He then inquired again if any assistance was wanted, and being told that the "Newcastle was all right, and should proceed on her voyage, he steamed the "Emu" back into Whitby harbour about 7 am.
**
7. About 8 a.m. a gale from N.E., which continued all that day and the next, came on to blow with a high sea. If the "New- castle" had not been got off before the gale came on she would have gone to pieces on the rocks.
8. By the services aforesaid the "Newcastle " and her cargo and the lives of those on board her were saved from total loss.
9. The "Newcastle" is a screw steamship of 211 tons register, and was bound from Newcastle to Hall with a general cargo and
19 passengers. The value of the "Newcastle," her cargo and 30,000 freight, including passage money, are as follows:-
The Newcastle," £3,000; her cargo, 1,500; freight and
50 passage money, 65;-in all, 565. $15,000
The Plaintiffs claim--
$46,650
1. The condemnation of the Defendants [and their bail] in such an amount of salvage remuneration as to the Court may seem just, and in the costs of this action.
2. Such further and other relief as the nature of the case
may require.
Dated the
day of
(Signed)
18
A.B. &c., Plaintiffs.
202