Rule 54.
M/50
“/༦/
Supre.
36
No. 20.
RELEASE
In the Free Admiralty Court of HongKone. Aduuralty Sitriadiati
[Title of Action.]
(L.S.)
VICTORIA &e.
Bailiff
Supreme
To the h of our Vice Admiralty Court qend greeting. Whereas by our warrant issued in the above named action on the
day of
18
we did command you to arrest [state name and nature of property arrested] and to keep the same under safe arrest until We do hereby you should receive further orders from us. command you to release the said [state name and nature of property to be released] from the said arrest upon payment being made to you of all fees due to and charges incurred by you in respect of the arrest and custody thereof.
Given at
thereof,
Release Taken out by
in Our said court, under the seal day of
No. 21.
PLEADINGS.
18
(Signed)
E.F.,
Registrar.
(1) In an Action for damage by collision:
a. (The "Atlantic.")
Supreme
PETITION.
In the Vice Admiralty Court of Streskong.
adunica ↑ [Title of Action.]
Writ issued
18
1. Shortly before 7 p.r. on the 31st of January 1878, the br "Anthes," of 234 tons register, of which the Plaintiff, George Garis, was then owner, whilst on a voyage from Cardiff to Gra ville, in France, laden with coals, and manned with a crew nine hands, all told, was about fifteen miles S.E. E. from th Lizard Light.
2. The wind at that time was about E.N.E, a moderate breez the weather was fine, but slightly bazy, and the tide was ab slack water, and of little force. The "Anthes" was sailing unde all plain sail, close bauled on the port tack, heading about S.
•
37
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 "Anthes" observed the red light of a sailing vessel, which proved to be the "Atlantic,” at the distance of about from one mile and a half to two miles from the "Anthes," and bearing about one point on her port bow. The "Anthes" was kept close hauled by the wind on the port tack. 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 helm of the "Anthes" was thereupon put hard down, but the "Atlantic," although loudly hailed from the "Anthes," ran against and with her stem and starboard bow struck the starboard quarter of the "Anthes" abaft the main rigging, and did her so much damage that the "Anthes" soon afterwards sank, and was with her cargo wholly lost, and four of her hands were drowned.
4. There was no proper look-out kept on board the "Atlantic.” 5. Those on board the "Atlantic" improperly neglected to take in due time proper measures for avoiding a collision with the "Anthes."
6. The helm of the "Atlantic" was ported at an improper time. 7. The said collision, and the damages and losses consequent thereon, were occasioned by the negligent and improper naviga- tion of those on 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
Supre
- day of
18
(Signed)
A.B., Plaintiff
ANSWER AND COUNTER-CLAIM.
Hors
In the Vice-Admiralty Court of
Adueralt to den F
[Title of Action.]
Kavy
1. The Defendants are the owners of the Swedish barque "Atlantic," of 988 tons register, carrying a crew of nineteen hands
198
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IT
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