CO129-271 - Governor Sir Robinson - 1896 [1-4] — Page 118

No. 21,

PLEADINGS.

(1.) In an Action for dumuge by collision: a. ("The Atlantic."}

PETITION.

In the Supreme Court of Hongkong, Admiralty Jurisdiction.

[Title of Action.]

Writ issued

18

1. Shortly before 7 p.m. on the 31st of January, 1878, the brig "Authes," of 234 tons register, of which the Plaintiff, George De Garis, was then owner, whilst on a voyage from Cardiff to Granville, in France, laden with coals, and manned with a crew of uine hands, ali told, was about fifteen miles S.E. E, from the Lizard Light,

2. The wind at that time was about E.N.E., a moderate breeze, the weather was fine, but slightly hazy, and the tide was about slack water, and of little force, The "Anthes" was sailing under all plain sail, close hauled on the port tack, beading about S.E. and proceeding through the water at the rate of about five knots per hour. Her proper regulation side sailing lights were duly placed and exhibited and burning brightly, and a good look-out was being kept on board of her.

3. At that time those on board the "Antlies" observed the red light of a sailing vessel, which proved to be the "Atlantic," at the distanco of about from one mile and a half to two miles from the "Antbes," and bearing about one point on her port bow. The "Anthes" was kept close hauled by the wind on the port tark. The "Atlantic" exhibited her green light and shut in her red light, and drew a little on to the starboard bow of the "Anthes," and she was then seen to be approaching and causing immediate danger of collision. The belm of the "Anthes" was thereupon pa bardd down, but the "Atlantic," although londly hailed from the "Anthes," rau against and with ber stem and starboard bow struck the starboard quarter of the "Authes" aluft the main rigging, and did her so much di mage that the "Anthes" soon afterwards sank, and was with her cargo wholly lost, and four of her hands wore drowned.

4. There was no proper look-out kept on board the "Atlantic."

5. Those on board the "Atlantie" improperly neglected to take in due time proper measures for avoiding a collision with the "Anthes."

6. The bolm of the "Atlantic" was ported at an improper time.

7. The said collision, and the damages and losses con- sequent thereon, were occasioned by the negligent and improper navigation of those ou board the "Atlantic."

The Plaintiff claims-

1. A declaration that he is entitled to the damage

proceeded for.

2. The condemnation of the Defendants [and their

bail] in such damage and in costs.

3. To have an account taken of such damage with the

assistance of merchants.

4. Such further or other relief as the nature of the case

may require.

Dated the

day of

18

(Signed) A.B., Plaintiff.

ANSWER AND COUNTER-CLAIM.

In the Supreme Court of Hongkong, Admiralty Jurisdiction

[Title of Action.]

1. The Defendants are the owners of the Swedish barque “Atlantic,” of 988 tous register, carrying a crow of nineteen hands all told, and at the time of the circumstancos herein- after stated bound on a voyage to Carliff.

2. A little before 6.30 p.m., of the 31st of January, 1878, the "Atlantic" was about fifteen miles S.E. by S. of the Lizard. The wind was E.N.E. The weather was hazy.

21

Bit'

117