b. (The "Newcastle.")
PETITION,
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of Action.] Writ issued
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1. The "Emu" is a steam tag belonging to the Whitby Steam Boat Company, of six tona register, with engines of 40 horse power nominal, and was at the time of the circum- stances hereinafter stated manned by a crew of five hands.
2. Just before midnight on the 22nd of July, 1876, when the “Emn” was lying in Whitby harbour, her master was informed that a screw steamship was ashore on Kettleness Point. He at once got up steam, but was not able, owing to the tide, to leave the harbour till about 1.45 am. of the 23rd.
3. About 2 a.m. the "Emu" reached the screw steamship, which was the "Newcastle," which was fast upon the rocks, with a kelge and warp out. The wind was about N., blowing fresh; the sea was smooth, but rising; the tide was flood.
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4. The master of the "Emu" offered his services, which were at first declined by the master of the "Newcastle; shortly afterwards the kedge warp broke and the "New- castle" 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 con- versation it was agreed that the remuneration 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 "Emu" 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 "New- castle" off.
6. The master of the Emn" then asked if the "New- castle"
was making water, and was told a little only, but as he saw that the hands wore at the pumps ha kopt 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 “Ema” back into Whitby harbour about 7 a.m.
7. About 8 a.m. a gale from N.E., which continned all that day and the next, came on to blow with a high sea. If the "Newcastle" 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 tous register, and was bound from Newcastle to Hall with a general cargo and 19 passengers. The value of the "New- castle," her cargo and freight, including passage money, are as follows →→
The "Newcastle," $30,000; her cargo, $15,000; freight and passage money, $650;-iù all, $45,650.
The Plaintiffs claim-
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 custs of this action.
2. Such further and other relief as the nature of the
case may require. Dated the
day of
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(Signed) A.B. &c., Plaintiffs.
ANSWER.
In the Supreme Court of Hongkong, Admiralty Jurisdiction. [Title of Action.]
1. At about 6.45 p.m. on the 22nd of July, 1876, the iron screw steamship "Newcastle," of 211 tons register, propel- led by engines of 45 horse-power, and manned by 12 hands,
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