1878-03-30 — Page 5

No. 4599.-MARCH 30, 1878.]

Fo Wan Shun, a shapman employed at the same shop, corroborated the testimony of the last witnem.

Hú Afuk, a coolie at the opium shop, said he made some tea and gave it to the deceased's friend. The deceased was taking some cartridges out of one revolver, and an- other was lying in a chair, and witness picked it up; the deceased was four feet distant from witness. The revolver went off, and immediately the deceased fell down, bleeding from the head. Witness at once called for assistance, and the deceased was Fabrequently taken to the Hospital.

The Jury returned a verdict of accidental death.

SUPREME COURT.

·IN ADMIRALTY, (Before His Lordship the Acting Chief

toe, the Hon. F. SNOWDEN.) March 30, 1878,

IN BE THE CARGO EX 5. 6. "JAPAN,"

JUDGMENT.

THE CHINA MAIL.

they had reached the scene of action. In the case of the Barefoot, the claimants it was alleged had discovered the wreck and taken steps to salve the cargo; during May, June, July they had actually saved £600

It

were called in to holy pick up the deceased, I discover relating to the salvage of sunken legal opinion, but the value of a legal | moored over it. An iron buoy was put down successful, or contributing to the preserva-was, he said, the nowest phase in the his and a doctor was called. The doctor said treasure. The principal case is the Thetis opinion depends entirely upon the statement and the position was only abandoned by the tion of life or property, or meritoriously battery of pictorial art, and it was as yet only. he could do nothing more for him, and that to be found in 3 Haggard, p. 14. The of facts laid before counsel, and if it was Scotland under protest. The diver Peterson unsuccessfully attempting to render salvage thirty yours old. Having traced the pro he had better be taken to the Tang Wah question there discussed was the proportion represented that the Promovents had such went down and described what the Scotland services or to questions of priority of rights grans of pictorial illustration from oop. Hospital. This was at once done, and the of salvage to be allowed to various salvors, information as would at once load them to had found, the paddle wheel of a large between different sets of salvors. On the perplate to lithography, and from lithogen. doctor at the Hospital said the deceased was and it forme no gaidanes to coming to a the spot where the treasure was sunk, and steamer, which there can be no doubt had other side Mr Hayllar quoted the Barefoot phy to the use of the wood block, the the Japan Mr Thomas, the as governing this case. The learned Queen's festurer came to the Illustrated London mortally wounded and could not be cured. decision in this case, which I believe in in if it was not known at the time that the belonged He died shortly after admission. The do-its ciranmstances unprecedented. But is owners were moving in the matter, a pre-diver who has ocased to give his services to Advocato tried to distinguish. He pointed Neiss, which came into existence in 1842, ceased was assistant accountant, and was not the silence of the Reports on this point sumption that it was legally derelict might the Impugnants, says that this discovery out distinctions but not differences in prin- and had since then published about 40,000 about 38 years of age. -

significant? and may not the absence of arise, and so an undertaking to salve it helped him in his search for the hull and trea-ciple, I think. The claimants in that case pictures illustrative of the current history sure. He admits however that he found about asserted that they found the sunken ship of the world. Its latest achievement was. By Mr Rhodos-The prisoner was not cases on the question of the salvage of would form a legitimate enterprise,

Let us now turn to a consideration of the about one mile to the S. E. the broadside of and at once began operations. A few days the engraving of the sortie from Plevas, pointing the revolver at the deceased, but sunken treasure be accounted for by the only removing the cartridges.

fact that it has rarely if ever been derelict conduct of the Promovents, Mr Battles the vessel. This discovery it was, as it after they received notion to desist, the the block for which contained 200 pieces of in its legal sense except where it has been first heard of the loss of the Japan on the seems to me, that which gave the exact line owners having undertaken the work. Then wood. Many other illustrated papers had aunk in water so deep as to be beyond the 18th or 19th December, and he says "con- the hull had drifted in and led to the spot a surreptitious agreement was made by the during that period been tried and had possibility of human skill to raise it. It ceived the idea that an expedition to salve where it had mur. On July 31st the hull would-be salvors, but the authority was failed but now at last the Graphic bad By Mr Rogora-There were no hasty will be necessary then to see as far as we can the treasure and quicksilver might be sent was found lying perfectly bare on the hard revoked. They however refused to give established itself, and was a worthy rival words passed between the deceased and his whether when Capt. Warsaw left the Japan out," On January 5th a proposal was made sand. From that time to the present the way on the ground that they were not to the Illustrated News. He noted that friend.

there is evidence to show that the "spen to Capt. Holcomb of the Scotland. Seven Impugnants have carried on the work of bound to obey that notice or to abandon there was a Daily Graphic newspaper in By the Coroner The deceased's friend recuperandi" was present in his mind. It persons associated themselves with Mr raising the treasure, intermitted only when their proceedings already commonged. Dr. New York; but it was entirely fed by photo- disappeared whilst the dootor was being sent is needless to point out that as the Japan Battles, and no agreement was entered into the season of the year was unsuitable or the Lushington says, "I think it trulear that ap graphs taken from the European papers; for, and has not been to the shop since. was burnt to the water's edge before she in writing on January 14th ; one of these weather too bad for the operations. The to the time at least that the Lowises were but here such a paper would require novalty By Mr Rhodes:-1 do not know where finally sank beneath the surface the "animus gentlemen was Mr Emory, the agent for the courage and skill of their divera has enabled apprised of the employment of Deane and every day, and he feared that a sufficient the friend belongs to, or where he is to be revertendi" so far as the ship was concerned P. M. S. B. Co. bere, who must have known the Impugnants to perform a feat which we Edwards they were fully justified in taking supply would not be attainable. A found.

must have been absent. The evidence that the owners had abandoned their cargo are told is without any parallel in the steps preparatory to salve this cargo. For matter of fact, however, many of the Be alluded, Mr Creagh: I suppose he was frightened antiades me that the uppermost thought to the underwriters. The Scotland was remords of salvage. Let me as briefly as at the time, supposing there was no one to London daily papers, were already to s because it was his pistol.

in Captain Warsaw's mind when be quitted chartered and fitted out for the expedition possible review what the Impugnants have prevent them from doing so, I conceive they sertain extent illustrated. So Atow, a doctor at the Tung With flos-the ship was the recovery of this treasure with diving apparatus and other necessaries done in this matter and contract the per- were entitled to be puid for their labour and when saying this, to the use of a new in pital, said that the deceased was brought to if possible. It is proved beyond doubt that Capt. Lefavour was engaged to assist, and formances of the contending parties. From trouble, even if they had not salved any vention called the pentagraph, by the aid the Hospital; he was shot in the head and from the time he took to his boat and when two divers Hopkinson and Bristow engaged. the first moment the Impiganants conceived part of it, if they were prevented from con- of which the Daily News had received a in a dying state, and died immediately on he got on board a junk which kept in the Mr Battles says that there was not any the idea of recovering their treasure, they tinuing at their work." But it is another drawing at six o'clock in the evening, and his arrival. The cause of death was a shot neighbourhood of the scene of the disaster, secrecy observed. It was talked of publicly spared no trouble or expense in providing the and different question whether they were it appeared in the whole of that paper's wound.

Capt. Warsa took must accurate obser- at the office of Mesurs Broadbear Anthony best men to ho got for the service, the best entitled to persevere after having received impression of the following morning. vations of the exact position of the ship, He & Co.; he applied to several people to join ships and the most approved apparatus. notice from Deane employed by the under- Although not wishing to set up for noticed the set of the currents, and post in the speculation. But if this is the caso They retained Captain Roberts, who is writers. So far the cases are nearly paral- Zadkiel, he was very much inclined to famous on this coast for the fertility of lol; the difference being that in the present prophesy that before many years the leading on and course the ship took, and only 3 it is singular that Mr Ray did not bear of days later he made a calculation based this expedition until January 16th. The resource and the skill he has displayed in case, the Promovents were warned off before London newspapers would be more or less upon those observations taken at the time underwriters met and held a consultation various salvage operations of great magni-

illustrated. He alluded next to Punch and so singularly accurate that the hull of the on that day, a letter dated January 18th tude--one of which, the floating of the

the other comic papers, to the illustrated Japan and the treasure obest was found 1875; as met ont in par. 10 of the answer, Alaska, was a service of the greatest merit.

magazines, and thence came to a description only 6 miles from the parallelogram he was drawn up and taken by Mr Ray him Captain Templar and experienced and highly

of the means by which an illustrated paper was produced. The Illustrated London. marked on a chart put in evidence and self on board the Scotland, the same day, paid divers were retained, from England. aiment in a direct line to the spot he in and delivered to the let mate. The Pro-Captain Roberts was on the soene before of property. The learned Judge then pro- News employed about twelve draughtsmen, dicated as the probable position of the wreck, moventa allege that the ship was then Captain Holcomb arrived in the Scotland.ceeds to assume that the claimants were and more than fifty wood engravere. A From the moment of Capt. Waren's arrival under weigh, but this Mr Ray doubts as the He engaged fishing boats to drag the bottom; ignorant of the notice, and holds that they description of the first sketch, the drawing In Hongkong his agency as Captain ceased, decks he says were covered with lumber, he devised and made use of a sweep eus-woro not justified in persevering. He says on the block, and the engraving followed, bat the Impugnants instituted the most and believes she did not leave for some pended between the Loiterer and the Aden," the property was indeed left but not speed being obtained in the last operation Botive steps to recover the property at once. hours. Nor is it material to the question.at first three miles and later of one mile abandoned. The authority of the owners by having the block to consist of small Capt. Warsaw received a letter of instruo The notioe informs the Promovente in the long. The observations made by Captain and underwritera romained, he says, and pieces of wood screwed together, which when tions from Messrs Heard & Co., the agents very clearest manner that the cargo and Warsaw on quitting the Japan were made in my opinion they had a right to em- drawe upon were divided amongst a great for the China Traders, on January 2nd. treasure sunk in the Japan had been aban with remarkable accuracy and were employ what means and what persons they number of engravere. By this contrivance it was made possible to publish a sketch Jus-He was sent up to Swatow on January 3rd. doned by the owners and accepted by the played to direct the search. It is difficult liked to escure their own property,"

On the 5th he writes to Mr Ray who was underwriters. That they had already taken to imagine that the machinery and paddle is to be observed that this part of the learned within a week of its arrival from abroad. acting for the local Companies, a letter stops to discover the wreck, and had taken wheel found by the Scotland could have Judge's remarks are founded upon oireum- When describing the process of printing describing the messures be had taken and proceedings to salve the cargo and treasure, escaped their dredges. The hill and treasure stances peculiar to that ease, the exact locality Mr Simpson mentioned that the Illustrated was about to take to secure the formal and warns them against obtruding their were found 113 miles distant 61 days after. being known, and the fact that the property London News had just set up a new msobine, possession of the wreck on behalf of all services. Nevertheless the Promovents The Fromovents were later in the field. was never derelict as he says "there could not gailed "The Ingram," with which an entire The Scotland proceeded to and Mr Battles did not reach Swatow until Feb. be any intention to abandon a ship ladon day was saved in bringing out the paper. parties concerned and to place the same on persist. file in the English Consulate at the Port anchored in Tungao Hoads. The very let The Scotland reached Tungao Roods with iron and lead sunk on the Shep-wast The remainder of the feature consisted of Bwatow." On January 9th he returned next day Capt. Roberts is sent up to Sea on the 20th, three days before the Leiterer Sund." But he lays the greatest stress upon mainly of amusing anecdotes relative to to flongkong, and in a letter of that date tow in the Douglas. He arrived on the and six before the den. They had two a point which the two cases have in common, Mr Simpson's personal experience in continues the narrative of bis efforts. On 18th and at once travelled from Swatow to divers with them, Hopkinson and Bristow, the property was immovable, stationary, at various parts of the world. Me Mason

Jackson presided. These are the distinctions but there is no the 5th January the date of his first letter the Tungao Roads, making enquiries on his but they were not equal to the task of diving the bottom and not in danger. he had filed a doolaration at the English way. The Losterer, a yacht of Mr George in 20 fathome of water continuously. They and American Consulates a set out in Heard's one of the firm of Augustine Heard employed fishing boats to drag and actually difference in principle, supposing my deci-

STIRRING times at Naples. Patti went Par. 9 of the Aswer, and declared that & Co., was sent up by the Impugnante, and found a portion of the wreok at a costeion to be right that the treasure in the

This of $15,490.80. Upon this discovery the Japan was not "de jura" derelict.

there the other day attended, and they from that date he took possession of the the steamship Aden followed ber.

In conclusion I must say that although refused her admission at the best hotel hull and contents of the Japan, and of the alone was a sufficient indication that the whole claim of the Promovents rests as if treasure, quicksilver and all other things, underwriters wore in earnest, and that the these services are meritorious and they were I cannot discover in the conduct of the pro- She took a tiff in consequence, sulked with stores, cargo, etc., remaining in the said hull protest left on board the Scotland was not improperly deprived of the possession of the movents any trace of the high and exalted the whole city and would not rehearse for Bat bandes this, on January part of the Japan they had found, the sub-ideas of duty, and that affecting chivalry her performance at the Sen, Carlo. There or bear it, as it Hes at the present time delusive.

Breaker Point about 18 miles or 24th, Capt. Roberts then on board the sequent successful operations of the Im- which (Mr Justice Story speaking of salvage was a very general impression that she was. thereabout from that place. He also went Loiserer writes a letter to Capt. Holcomb pugnants would enure to their benefit. The services as they ought to be in the Henry going to be hissed on the first night, from Ewbank says) forgets itself in an anxiety to all parts of the house; but the gang: so to Tungao bimself and had notices put of the schooner Footland, referring him to Blendenhall, 1 Dodson, 417.

I have studied with great care the save life and property:" I do not ocnour in superbly it was the Traviata that they all the hard things said about them, neither were ready to bear her in triumph. in the villages. There can be no ques- the letter of January 16th and stating that

property, and that the Aden Advocate on behalf of the the Pacifio Mail 9 Co.'s ship Japan on hoped to recover this trossure, and from had been chartered and was coming up for mevents, and have tried to apply to

"auri sacra fames." This was a more specu-committes; he was still in the sulks, the night of the 17th December, 1874. the time of his return to Hongkong the same purpose. In reply dated the the facts of this case the principles there hurries men into all sorts of speculations, the honour of a visit. She refused to see the

tation. The Impugnauts are Underwriters to whom such of the Impugnants as had local offices next day Capt. Holcomb sends the lotter laid down; I must confess my inability to In it he discover from them any sound foundation

It is frankly admitted that their thongh Naples was out of them. Again the owners abandoned the treasure, eta,, for themselves, and these as agents for set out in par. 25 of the answer. who satisfied the Policies, undertook saly attoh of them as had not resolved that no declines to take notice of the warning as he for this claim. The portion of the wreek object was to be the first on the scene, and there was a general expectation of a noisy

scene in the theatro, and again Patti sooth They obtained a legal opinion upon state-ed the savage breast by the power of her ing operations on their own account, and expense should be spared and no effort has, he says, "a right to seek and sail on found by the Scotland was no part of the to alvo the treasure.

the Coast of China, disclaims a wish to property of the Impugnants. It belonged to ments of facts I should surmise (for I have songthis time in the Barbiere. She dwelt have at great cost succeeded in raining a wanting to recover the sunken treasure, large amount of the sunken treasure, The Parsons in bla Law of Contracta p. 817 lays interfere with Captain Roberts, and de- the first finder, and there was no reason why not seen it) largely coloured by their hopes, so long on one note-in the soone in which

claim, the money so

down the law to be as follows a ship or olines to be interfered with." As, he says it should have been abandoned under pro- Promoventiensation for services ron cargo sunk is considered derelict. But not "you must be aware that all abandoned or test unles violence was apprehended, which head Wreck in the foot-note there is a quo-anhappy, baritone who accompanied her Now in Pritchard's Digest p. 956 under the Rosina spells her own name that the torer, if the Court will not grant them if the owner had not lost the hope and erelictd property in or on the high seas is I think there was no rodun the culise to tation from Viner's abrid. Vol. 22 p. 555, had to pause for breath three times. Naples

to salving by the first ander." dread. I am of opinion that the finding of the whole benefit of a resalt effected by purpose of recovering his property, and open

ing. It is this. If treasure he found in the while she on ber part disdainfully levies a large expenditure of money, indefatigable had not ceased his efforts for that purpose." Capt. Holcomb here makes as it seems to the wheel conduced only in a very remote P. 5 and 2 Inst. 168 which is very mislead has given up trying to bulk with her now, akill, vigilance, risk and great exposure In support of this view, the case of the me the fundamental mistake of supposing and way to the Anding of the treasure, by show-sea the finder shall have it." A little con- about 6002, in tribute from the captive city

maintaining in the very presence of the ing that the burning ship passed over that aideration and research show that this refers every time she sings. to the perils of the sea as is set out in Barefoot, 14 Jurist, p. 841, la sited.

After very carefully considering the large owners that the treasure was doreliot.

spot before it sank to the bottom. When to treasure fost and abandoned, and not to Par 56 of the Answer, namely, the dis

A CALCULATION has been made by one covery by them of a paddle-wheel of the number of cases to which I was reforced, as His proposition, that he has a right to sail the broadside was found 1 mile distant a Jayal, which led to the finding and sal-well as others, I cannot come to any other und seek whore he pleases on the Cost of great step had been made, the line of drift is driven by fire or to treasure jettisoned to nightly waltzed within the precincts of treasure sunk in a ship from which the crew wall competent to guess that the distance conclusion except that the treasure in the China for property derelict in a legal sense been ascertained, and when the two save life or cargo. Under the head Wreck Mayfair has amounted to 1800 lenguas. I have drawn up a statement of the facts Jepun was not derelict in the sense of no one could gainsay. Had he found pro- places were buoyed, the course the hurning Jettison, p. 588 par. 6, the same writer I find in the case, which is apponded to any abandoned without hope, and a reasonable perty bona fide derelict, an abundance of hull took could be laid down with accuracy. judgmont. [This lengthy and exhaustive hopo too, of recovery. But it was argued cases proves that he would only have been It was in fact found about half a mile out goes on to say "When a ship has cast overboard several goods and merabandise, The only advantage and it is to be supposed the said statement was, by consent, taken as-read] that for purposes of salvage, a ship and it bound to resign his acquisition to the true of the direct line.

owner on a claim being preferred after be derived from the services of the Scotland goods were locked up and made fast The facts I have found, seem to raise three must be supposed, cargo also, may be a

use Captain Roberts ex- in chests, etc., in such cases it is ap- main questions on which several minor derelict even when the animus recuperandi ing paid the remuneration due for his ex-were that, to

axints in the owner's mind, and the case ponses and the services rendered. He would pression, a starting point was gained.”

parent that they who did cast such goods but still not unimportant points bag of Gennessee, 12 Jurist 401, was quoted, have had an indefeasible priority of lien on Surely a claim for reward for salvage ser- overboard do still retain intention, hope, They are these:-

1st. Was the treasure sunk in the hull This case and the case of the True Blue the "res" proserved. It was contended on vices never was built on a more slender and desire of recovering the same and there. of the Japan derelict in the sense of left R., 1 P. O., p. 206, are authorities that the part of the Promovents by the learned basis. I have searched all accessible autho- fore whoever shall happen to find such goods by and lost to the owners, they having no in cases of great port to life or property Queen's Advocate that the right of property rities and gather the following privoiples: shall be bound to make restitution thereof to him who shall make a legal pursuit," ¿.e. 2nd salvage services may be rendered which in this treasure, subject to the claims of the That services must be meritorions, which are the underwriters (if they were the entitle the salvors to remuneration whether Promovents, was in the Crown. But all the term I infer comprises all the ingredients th

a ship be derelict or not: Derelict being authorities show that derelict property only enumerated by Sir J. Nicoll in his judgment This rule applies equally to goods sunk ownora) entitled to the exclusion of the merely an ingredient in the degree of became the property of the crown as a droit in the Clifton, 3 Hag. p. 120, to entitle to malve this treasure. 8rd. Whether legally derelict or not how far were the danger to which the property is exposed, of the admiralty, after the lapse of a year salvors to reward-enterprise and skill, eminder the circumstances of this case. I have Base with as much care as possible, and I Promovents justified in prosecuting a search But this property in fact never was in peril and a day, no owner appearing to claim it. nent peril to life or property, and I would gone into the evidence and the law of this at all. Twenty fathoms of water are too This became the law by the Statute of add success by the asserted salvors. The fear at too great length. Salvage law is a for the treasure; were they justified In peralating after notics had been given great a depth for the Chinese fisherman Westminster 3 ed. lat. In the case of the Henry Ewbank, 1 Summer. Now enterprise branch of that study, with which we have them by the Impaguante that they had on the court to dive to the bottom, and we Aquila Bob. Ad. Reports vol. 1, fir Wand skill were no doubt displayed, but it not many opportunities of becoming fami

This was a claim for salvage on certain treasure recovered from the wreck of the P. M. B. 8, Japap

The Queen's Advocate, the Hon. G. Phillippo, instructed by Mr Ed. Sharp, prostor, appeared for the promoventa, Messrs Battles & Co., and others.

Mr Bayllar, Q. Ú, instructed by Mr Brereton, appeared for the impugnants, the China Traders' Insurance Company, and other local Insurance Companies inte rested in the insurance of the steamer,

This case was heard last February, and his Lordship delivered the following judg- mant to-day -

The Promovents in this suit are certala members of a partnership formed for the purpose of salving treasure amounting to

S. E.

·$965,000, and quioksliver valued at $25,000, I tlon, qe it seems to me, that from the the Loilerer had been sont to salve the numerous decisions cited by the learned Mr Battles nor Capt. Smith made any pro- The next day the committee of the thestre

ving of the treasure, as is alleged.

intention to seek and recover it.

taken the enterprise in hand. 4th-If the find that the bottom is hard sand, and when Scott quotes Sir E. Simpson's notes on Selden was volunteered and employed against the Liar from practice in this Colony.

last seon and to this moment so far as is and says. "By Marine Law the Lord High interest and will of the owners; peril to the I have to a great extent relieved the

costs of this suit.

Quotations.

Bosonore, March 20, 1878. OPIUM.--New Patna, saah....$587j « 690

credit, Old Patna, cash, Nons

oredít,

31

#

15

59

New Benares, cash, 567; a 670

credit,- Old Benares, cash, None

21

Grodit,

Now Malwa, cash, 720 credit, 725 Allowance Taols, 3 a 24 Old Malwa, cash,

17

aredit,

Allowance Tsels,

*

Exchange.

P

Bank, on demand,

30 days' sight,

3/10

... 8/10

6 months' sight,...

... 3/11

... 9/114:

222

自备

... 282!

+19

... 714

30 days ******

HOL

no Tag. w. 8.50

...

Mexicans, s

**A **

...8.50

OLE AT JAY

ME

... 20.30 *0.5.05 ***5.03

7 to 8

The

Promoventa were justified in their pre-known, the hull is lying there perfectly Admiral has the custody of derelicts found property there was none, except from the promovents from the aspersions cast on their ceedings were their services meritorious and did the finding of the paddle-wheel uncovered. Another point as to the title at sea;" the finder can have no proparty in Scoland herself as was remarked; and where condust, because I believe that they were Credits; and the clue to the discovery of the hull of the Impugnaut was raised by the them, only a reward for his trouble, to. The is the success? The only way in which any throughout acting from a mistaken sense of Documentary, months sights 3/112 give the clue to the title thum to com- learned Queen's Advenate to which I must saivers must be satisfied for their expense measure of success can by the most the legal right of one person to take the Bombay, demand Rapses, pensation, not only pre opere et labore, now refer. He argued that Capt. Warsaw and trouble from a sale of the ship and car- ingenuity be imputed to the promovants property of another person found at the Calentta,

of treasure must be, it seems to me, in a vicarious sense bottom of the sea. But I strongly disap. Shanghai, demand... but also by way of reward, and to be when he quitted the burning ship was the go. In the analogous care

The agent of the owners and not of the Im trove (Chitty's Prerogatives of the Crows, that is to say, to be attributed to them from prove of a persistenos in the pursuit which re-imbursed their expenses, Frame rents having found and being in pugnants who were the underwriters of the p. 162) being goods aasually lost or purpose the feet (if fact it was) that they were unhas caused the Impugnants very heavy Bar Silver, 17, dwts. B., possession of a portion of the wrock, were cargo of treasure and quicksilver, and that ly parted with by the owner, as if, says the lawfully diepossessed of a paddle wheel that they improperly dispossessed by the interit could not be said that the eps reou writer, he threw it in the ground, or in the fell froze the ship eleven and a half miles expenditure, and I must mark my die Syove, ...

Gold Lent, an ference of the impugnants, and having perandi was present to bis mind on behalf ses, the first finder was entitled to the pro distant from where the treasure was found, approbation by casting upon them all the

Judgment for Impugnante,

English Sovereigns, abandoned it under protest are any rights of the underwriters. But the law is that perty as against every one but the owner, and therefore that any mesons dedusible

Australian BovernigTM. ... they had in consequence of such possession the property in the cargo passes to the and the King's prerogative does not in this therefrom must be put to their credit. The

Discount, -kept alive, Before adverting to the faute underwriters retrospectively from the respect obtain. It seems to me that it is Blendenhall, sup. I find it also laid down

The Straits. I have found as proved in evidence in this moment of the causalty, when the owner extending far too widely the jurisdiction of in the Edward Hawkins, B1 L. J. Ad. p. 48,

Shares. caso, sad discussing the argoments founded relinquishes te them all his property and the admiralty to maintain that treasure be that there can be no altim for salvage where

(Straits Times,) Rear Admiral Daburquois, having re- Unton Ins. Society of Canton, $1,300

Hongkong Bank, 00 % prom, on them it will be convenient to ascertain interest in this thing inaared with all its longing to American subjects, sunk in the the efforts have not been attended with as far as possible the meaning of the word rights and liabilities, Arnould's Marine In high ceas off the Coast of China in an Ameri-success. I and is laid down in the Cheetah, ** derelict," on which word the whole ques.surance, p. 816. The Captain becomes the can ship and salved by the money and skill 38 L. J. Ad. p. 1" Salvage is a reward coived the naval command of the French Ohins Traders' ins. Oo,, 81, 200 sion very much turns, but as to which, 4gent for the purpose of saving the cargo of American citizens would form droit of for services actually conferred, not for ser squadron in China and Japan from Rest Chiness Inanratze Oo., 1250

amiral Voren, yesterday evening, (March Yangises Ins. Assos,, Tls, $25 as is remarked by Parsons in his Law of of the underwriter of the party ultimately the English Court of Admiralty until the vices attempted to be rendered:. It seems to Shipping, Vol. 1, p. 28, there is no one interested, and it is his bounden duty to res was brought within the jurisdiction of } me that the Court is asked to infer as the 30s)-landed :officially at 6.80 o'clock at North China Ins, O., Tix, 980

take every necessary measure for the re vice-Admiralty Court as has been done in logical consequence of their argument that Johnston's Pier, where a guard of honor of a.. Fire Ins. Co. 2800 accepted definition and the difficulty in

thie osso, Mr Hallyar argued that there but for the interruption the Fromevents the 28th Regiment presented arms while China Fire Ins. Co., $170 this oase in the greater insemiuch as defini-sovery of the thing insured.

It was also urged so I understood that it was no "res cut of which the salvors could could not have failed to find the treasure. salute was fired from Fort Janning, H.K. W. Dock Co., & Y prom, the tions commonly received apply rather to

was paradoxical to say that this treasure be remunerated even if entitled to any but This inference I am unable to draw. But which compliment was immediately return Cashipa abandoned by their crews, and which.

Shanghai Steam Navigation, Th 22 dir driven about over the ocean by winds sad was not derelict, but that it became the Mr Ray says that $160,000 were brought to to return to a consideration of some of the ed from tas armide. The Admiral, attend. ... & M. B,-boat Oo., 517 dis.

currants, form a danger to navigation, property of the Impuguants only on a total Hongkong and were lodged in the Chattered decided cases. The decision in the India, ed by the Governor's Private Secretary: Hongkong Gas Co., 975

Mercantile Bank When the Marshal ar 1 W. Rob. p. 400, is to the same effect. "A drove to Government House to pay his Bongkong Hotel Co., 855- rather than to derelict property immorable abandonment by the owners.

The answer to this is that for the pur-rested the "res, $83,000 were within the salvage reward in for a benefit actually respects to Her Majesty's representative. at the bottom of the sea. It is obviou

Bir Arelerick J. Grifiths, the London China Sugar Refining Co., 2 % dia. Chinon limperiai Loan, £108.29 that the rules and maxims which govern poses of Marine lusurance the word aban Jurisdiction of this Court and the treasure conferred in the preservation of property

The Bauretary of Router's Telegram Company,

Do. of 1877, £108.18},{ ar the cases of such floating derohet ships and donment is not always used in the same brought within the jurisdiction forms the and not for meritorious services only. Abe the salvage, must be largely modified when souse as for salvage purposes. This in "re" even if the cost of salving exseeds American Courts have laid down the same who arrived here from Australia by the

Temperature. so it necessary to apply them to oss of evident when it is considered that it is not the value. This is a question of count, rules, in the oases Clarks . The Brig Dodge S. S. Brisbane, on a tour of inspection,

sunken ships and sunken cargo. Derelict uncommon for owners to abandon a cargo which the Court would order to be taken. Washington Hop, oiled in the notes to p, leaves to-day (March 23rd) by the 8. B. Taken at After Falesnor & Co.'s Premine

No doubt Dr. Vanice, for Calcutta. Me Griffiths has been

Queen's Boad.) property is property which has been aban to underwriters as a total loss on the It would not be just to allow honest, bon 778 Pritchard's Digest. doned by its owner sine ape recuperandi, ground that the expense of recovering it de salvors to suffer from possible extra Lushington in his judgment in the Barefoot engaged in news service for the last 37 and in the cae of a floating ship at any will be too heavy, or the loss imminent, and Tegance of the owners without enquiry case used language which would imply that yeare, and his present visit to the various ifste vine animo revertendi bosides. In all / not because the property is deżalist. I have The question next arizes, whether the the rate of older decisione had been miti- { ports will result, doubtless, in a still greator BAROMETERTM. §. Min

Abs then it is a question of intention, no doubt therefore that Captain Warsaw Scotland in finding part of the wreck made gated in favour of deserving bat unsuccus facility being afforded to the sertion to the

the fal efforts, and also in his judgment in the Far Lass and the Australian Colonies. And the first enquiry must be what was the Agent of the Impugnants and the discovery which conduced materially was in the mind of the owner or his spes recuperandi" oxsted in his mind finding of the treasure and whether the True Blue, L. B. 1 P Holding to 1 de agent (ibe Captain in most cases) when for them, as owners; and I am of opinion services of the promovents were meritorious the view that the sarrises of the Fromoventa en property left. Had he lost all that their right of property was not lost in such a sense as to antifle them to reward were in no sense meritatious and that it was hope of recovering it Was the purpose although for a time the possession was and compensation The Scotland begen to at their own risk and peril that they persons of the artists employed by the Illustrated

dredge in January 26th, and continued the sisted in salvage operations after notice to or of making the attempt present to his mind

The next question is, Were the Promo Work up to February 19th, when the nets discontinue their proceedings, it is scarcely London Neua, delivered a lecture on the Patani may remark by the way that it is some. vents justified in making their attempt to caught something but broke away On Lecerry to refer to many of the asses cited above subject, at the rooms of the Society what singular kast there are very few ouses disgover this treasure, and persisting after March 30th a portion of the wreak was an by the learned Queen's Advocate with for the Basquragement of the Fine Ar so be found in the Beporia no fax as I man notion 1. It le urged that they were esting endoubtedly found, and the Gotland was refer Nuzat amdruly be meined services Conduit Direct, Westrated Joureallum

Lvacanti

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ILLUSTRATED JOURNALISM.

On the evening of Feb. 7. Mr Simpson,

Hoxexone, March 90, 1875........

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