1913-04-22 — Page 5

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THE

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THE SALVAGE OF THE

SOYO MARU.”

INTERESTING JUDGMENT.

THE HONGKONG DAILY PRESS, TUESDAY, APRIL 1979, 1918,

The case arising out of the salvage of the Soye Maru, on which a serious fire broke out in the Malacca Straits some months ago, was concluded at Singapore last week. The Chief Justice (Bir W.. Hyndman Jones) in a lengthy judgment said:

This case has been in some measure simplified by the fret that Counsel for the defendants abandoned the position taken up in the pleadings that the services

WM. POWELL LTD.

TELEPHONE 346,

rendered were not salvage services, and SOFT FURNISHING GOODS

even admitted that they were services which involved a fairly liberal award though by no means to the amount of the sum claimed, viz., $130,000, which sum it was contended was unreasonable. It was admitted or not disputed that the value of the Penang was £6,000, while the value of the solved ship was $445,700 or £61,908 0s. Bd., and the value of her cargo

CURTAINS

NEAT DESIGNS INEXPENSIVE

was $141,400 or £16,498, 13%, 4d, and it WASHING CUSHION CASES

was suggested for the plaintiffe that, the half of such latter values being usually the limit of salvage awarded, a claim which amounted to only one-sixth would to quite reasonable. It seems to me, however, that having regard to the admitted value, the claim is for more than ono-sixth while the rule as to the half limit is subject to certain qualificationa for example, where the property solved is large the amount of the award usually bears a much smaller proportion to the value of the property than in cases where it is small (the endon Hall case). Again (though I am not taking this point into consideration here), should the Balvors make an exorbitant demand that

EMBROIDERED MUSLIN

AND LUSTRE.

SHEETINGS

DUCHESS

SETS.

SIDEBOARD CLOTHS.

fact in itself may reduce the amount of ARTISTIC CRETONNES.

the award. Moreover, there are other matters to be considered besi lea the value of the sulvod res.and I proceed to consider these matters in detail. They have been conveniently classed under six heads -

(1.)-The danger run by the salvore as regards life and that to which these on board the salved res were exposed.

(2) The value of the res salved already referred to..

(3)-Its danger.

(4)The labour, skill and conduct of the salvors.

+.

(5.)-Value and risk of salving pro porty,

(6)-Losses, expenses and responsibility of silvors.

NO REAL DANGER.

The fret head may be dismissed from consideration because, without wishing to. detract in any way from the meritorious conduct of those on board the Perang, there was not in my opinion any real danger to their lives nor to the lives of those on board the Soyo Maru, however greatly the latter may have apprehended it.. With regard to the second bead, in the case of The Amerique the Privy Council in recognising the principle laid down by Lord Stowell in the Blendon Hall case) said, "The rule seems to be that though the value of the pro- perty salved is to be considered in the estimate of the remuneration it must not be allowed to raise the quantum to an amount altogether out of proportion to the services actually rendered." In that ease the vessel salved was derelict, the value, including her cargo, as £190,000; she was taken in tow on April 15th; 1874, and with more or less of misadventure was brought safely to Plymouth on the 18th of the same month. The judge awarded but the Privy Council reduced the amount to £18,000, stating that to be the utmost they could give, or to about one-tenth of the value of the ship and Chigo. The points to be observe are that not only were the services characterised as highly meritorious, but the vessel was also derelict and a danger to navigation, which was taken into consideration as enhancing the award, while, as she was found some 70 to 80 miles west of Ushant, the distance she was towed would be from 180 to 200 miles.

IMPORTANT CONSIDERATIONS.

As to the third head-the danger to the property salved--what has to be considered is the character of the ship and her cargo, crew and commander, the locality, the prospect of bad weather, or of other means of assistance. Now in this case the Sopa Mora was an oil vessel with 5,700 tone of kerosene oil on board, bat the ressel was an absolutely modern vessel

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Having sole rights for China, Philippines, The Straite and India. 4, Queen's Bailding. Hongkong.

Hongkong, 19th April, 1913.

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that Beccham's Pills will be of great service to you if your stomach is out of order or your liver is sluggish. The conditions of life in these days are sostrenuous that nearly everybody is at times, overtaken by various derangements of the digestive organs. Even the strongest and healthiest occasionally require a little corrective medicine. It is worth remembering that thousands of people have proved that

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EFFICIENT TOWING,

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[590

TO LET

TO LET

27, ROBINSON ROAD.

SIX

TO LET

ROKKOSAN.

O LET, FURNISHED HOUSE, in

Noos, with Oathouse, Commanding T Wooded Granada.

a Fino View of the Harbour.

Apply to

F. I. D'ALMADA = CASTRO,

33, Queen's Bond Central: Hougkong, 18th January, 1918.

TO LET.

[204

TOB. 38 and 40, QUEEN'S · ROLE

CENTRAL, Jet Floor, from 1st Auri next. Suitable for an Ofles. Central locality.

Apply

H, RUTTONJEE & SON Hongkong, 27th Marab, 1913.

{502

ARGE

TO LET.

SUBSTANTIALLY - BUIL

Fast Point.

For further particulare apply Property Offes, JARDINE, MATHESON & CO. LED

167 Hongkong, 15th August, 1912.

L Kollet Road.

TO LET.

A HACIENDA EAST, 74, Mount

Apply to

THE HONGKONG LAND INVEST- MENT & AGENCY Co., Ltd. Hongkong, 18th April, 1913.

TO LET,

[587

Fer Particulars, Apply

G. D. CLARKE,

38, Nakayamafidere,

3-Uhome, Kobe,

Japan. 1350

Hongkong, 22nd February, 1913,

TO. LET.

AT the PEAK, near Tram Station, FIVE. ROOMED HOUSE, FURNISHED. From 1st June, for 8 months.

Apply

J. M..C.. Care of "Daily Press "Ooo. Hoagkong, 21st April, 1913.

[598

NOTICES TO CONSIGNEES

NOTICE TO CONSIGNEES. THE P. & 0; 8. N. Cola Stenmor TH

"PERKAWUR”

Arrived Hongkong on 15th April, 1913, FROM ANTWERP, LONDON, MAIFA, PORT SAID, SUEZ AND STILAITS. Consignees of Carge by the above-named Fessel are hereby informed that their Goods urs boing landed and placed at THEIR BJOK in the Hongkong and Kowloon Wharf and Godewa Co.'s Godowna at Kowloon, where each Consign ment will be sorted out Mark by Mark and delivery can be obtained as the Goods are landed. Optional Goods will be landed here unleas

6 hours,

FLATS, WILD DELL No. 147ctions are given to the contrary within

Wanchal Road, Newly Built, each Flat with 3 ROOMS, Kitchen, Bathroom, and Servanta Quarters. Quiet Locality,

No. 11, SEYMOUR ROAD..

Apply to

TSANG KIT FAN,

Compradore Department, HOKGRONG & SHANGHAI BANKING

CORPORATION, Hongkong, 1st April, 1913.

[522 TO LET.

TO.2, WEST END TERRACE, Shamoen.

From Itt May, 1913.

153, PRAYA EAST, GODOWN.

FOR SALE or TO LET. Unfurnished, a HOUSE st The Peak Apply

THE KONGKONG LAND INVE67. MENT AND AGENOY Co., LTD. Hongheng, 1st April, 1913

165

TO LET.

ON 2ND FLOOR, No. 2, PEDDAR STEERT

ONE-BOOMED OFFICE.

Apply Property Olloo,

JARDINE, MATHESON & Co., LTD. 166

Hongkong, 23rd May, 1912.

No.21

TO LET.

TO. EL SHELLEY STREET.

The "EYRIE," No. 13, Peak, To Let Furnished.

"LYEEMUN" Barker Road, No. 134, Peak, To Let Furnished or Unfurnished to 30th November, 1915. 6 ROOMS.

CRAIG RYRIE, No. 4, The Feak, To Let. 8 ROOMS; Tennis and Croquet Lawas Fine Situation

From 1st February, 1913, MERION, No. 10, PEAK, Furnished or Unfurnished. 6ROOMS. To Let or For Bale. "GLENSHIEL," No. 124, Barker Band, Peak, 5 ROOMS, from lat March, 1913.

For Sale. "HARTING and ROGATE on part of Kowloon Inland Lot No. 1154 Apply to LINSTEAD & DAVIS,

3rd Floor, Alexandra Buildings Hongkong, 14th April, 1913.

TO LET.

64

66 DREEZY VILLA," Na 2, Fark Road.

BRE

4.Koamed Bungalow with Tennis Court. Commanda splendid View of Harbour.

For Rent, etc., please apply to

YAP HOK LING,

No. 4, Ripon Terrace.

Hongkong, 28th March, 1911.

507

TO LET-AT KOWLOON. ATEW MODERN 3-ROOMED FLATS

with Two. Esthrooms, Pantry, Kitchen and Sarrants' Quarters. Bathrooms fitted with English Baths. Kitohen has English Cooking Rangs and Hot Water Boiler. Electria Light throughout. Immediate Possession,

ALSO

NEW FIVE-ROOMED TERRACE HOUSES with Tennis Courts. Ready for occupation about 1st May.

Apply to-- of

HUMPHREYS ESTATE & FINANCE

Co., LTD., Alexandra Buildings. Hongkong, 16th April, 1913.

TO LET.

306

HOP in ALEXANDRA BUILDINGS,

Apply-

A. 8. WATSON & CO., LTD., Alexandra Buildings. Hongkong, 27th November, 1912.

TO LET.

CHOP, No. 12, Queen's Road Central.

I may say that on this branch of the Moreover, men were ready with axes to Case I have felt myself unable to draw cut away the hawsers should such a course any deductions from the evidence as to have become necessary, while the only what happened in the case of other oil risk of lashing alongside the Sayo Maru specially constructed for oil-carrying vessels whose cargo wis protected in the was, according to the master of the purposes, and her cargo was protected same way, or nearly in the same way, as Suppo, the risk from sparks, which risk, was the cargo of the Soya Muru, because having regard to the position in which there was no evidence before us that the the Penang lashed alongside, was from the danger of fire as efficiently as modern shipbuilding science can make it; neither her commander nor her officers other conditions necessary for the deduc- quite a negligible nature. On the other appear to have had much experience in tions were present--for example, the state hand I must take into consideration the of the wind and so on. I may add that fact that the Penang was a steamer bound what I have said applies to the danger of on the 4th of October, from Port Swetten- carrying cargo of this sort, though accord- ing to them they did what was necessary

destruction by fire only, for I am advised ham to Singapore via Port Dickson, and to ensure that the cargo was shut off from the effect of the fire, which, with the that there was not, and could not have that, at the request of the captain of the exception of the small cutbreak on the boen, even with the seacock left open, any Soya far, she stood by that vessel and

performed these services from late on the 400 fying bridge, was confined entirely to danger of the Sogo Afaru sinking.

With regard to the fourth head-the night of October 4th till the morning of the 6th, and that she expended some that part of the vessel abaft the coffer- dam; the coffer-dam was illed with water and ran right across the ship up to the labour, skill, and conduct of the salvors additional ten tons of coal in performing steel main deck above; the locality where consider and here, too, the Assessor them. She was, of course, necessarily Inte the accident happened was a crowded agrees with me that in all rospects they at her port of destination, though I have highway of the sea and there was no were perfectly praiseworthy. Although no evidence that any great inconvenience prospect of bad weather; but with regard the cargo was very carefully protected or any liability was incurred on that to the prospect of other means of and the danger of the fire spreading assistance it must be borne in mind that, beyond the after part of the vessel may this being an accident through fire, have been small, there is no evidence that assistance to be effective required to be these facts were known, and they probably prompt, and that fact must greatly were not known, to the roster and crew discount any deduction the Soyo Maru of the Penang at the time when they might plead from the accident having backed down to the Saya Hart, got the happened in a highway of the sea hawsers on board, and took her in tow. Having regard to these facts and to the Moreover, the facts that the captain and evidence supporting them, and especially the crew of the Soyo Maru had betaken cross-examination, I am of opinion, and as the captain said, "the result of the the Assessor agrees with roc, that if the fire," might well have induced a belief have examined a number of cases in that there was a very real and imminent danger. The whole of the towing up to the time of anchoring off Port Dickson was, I am advised by the Assessor, per- formed as efficiently is was possible under I cannot accede to the proposition that the circumstances, with the result that the if nothing bad been done the fire would vessel was eventually placed in a position necessarily have burut itself out without of absolute safety and the fire estin further mischief-it is quite possible it guished. The conduct, therefore, of the may have done so, but on the other handmaster and crew of the Penang clearly it is quite conceivable that unless the entitles them to a fair reward Soyo Maru had been kept head to wind the fire which invaded the flying bridge, though extinguished at the time, might have recurred and spread itself forward to the wooden structures shout the not really very great, though of course it captain's bridge, in which case it seems to

As to the sixth head-losses, expenses and responsibility of calvorethe actual damage to the Pony borself comes under this head, and the award must clearly include the estimates of such damage as disclosed in documents which were put in evidence...

→ $24,000 AWARDED.

166

OFFICES, Nos. 12 and 14; Queen's Road No. 5, STEWART TERRACE, PRAX, Central.

Apply to

M. J. D. STEPHENS. Hongkong, 25th March, 1913.

TO LET.

It remains for me to fix the amount ofFFICES in Hotel Mansions.

Apply to...

the Printera and Fablabor, the "HONGKONG to what was stated by Mr. Hutchison in themselves in a body to the boats to watch the award generally and to apportion it, 1

ON SALE.

MAIL TABLES FOR 1913.

Shows the dates of departure of the Mails of Barope and America, and the dates of their expected arrival at their destinations, as well as the dates of return Mails.

30 Cents.

25

Mounted on Card

On Paper...

On Sale at the Hongkong Daily Pr Ofice.

Hongkong 10th January, 1913.

yessel was not saved from actual imminent danger she was at all events saved from a misfortune which might have exposed hor to destruction if the services had not Leen rendered.

14

7510

[555

HENRY HUMPHREYS, Alexandre Building». Hongkong, 9th April, 1913.

TO LET.

HOUSE in KNUTSFORD TERRACE.

Apply

addition to the ones which were cited st the bar, with the result that it has become quo homines tot sententia" is nowhere abundantly clear to me that the proverb mratlers of more applicable than it is this sort, while of course no two cases can be exactly similar in all respects. Some of the cases, however, have assisted me in determining the interpretation to be put regard, I trust, to the principles to which on the word "liberal; and with a due As to the fifth head-value and risk of I have referred and to the circumstances salving property-the risk to the salving of this particular cass. I award the sum property (for the reasons I have stated of $24,000 and apportion the award as when dealing with the third head) was follows:-To the owners, $18,000; to the

master. $2,000; to the crew, to be divided. was greater than the risk to which the according to their rating, $4,000.

me that the danger to the cargo indicated ship would have been exposed had she defendants to pay costs; certificate for by Mr. Hutchison might well have arisen.been pursuing her ordinary voyage. two Counsel,

THE HONGKONG LAND INVEST- MENT & AGENCY Co., Lab.

(506 Hongkong, 28th Mareb, 1913.

TO LET FURNISHED. From 1st June Next,

HASTINGS & HASTINGS, 101, THE PEAK & ROOMS.

Hongkong, 21st April, 1913,

1697

Goods not cleared within 8 days including date of arrival will be subject to rent,

No Fire Insurance will be effected by me in any esso whatever..

Damaged packages must be left in the. Godown for examination by the Consignees and the Company's surverine, Meser. GoDDARD and DOUGLAS, at 10a.m. on MONDAYO and THUESDAYS. All Chima must do presented within ten days of the steamer's arrival here, after which date they cannot be recognised. No Claims will be admitted after the Gooda have left the Godows,

E. A. HEWETT,

Superintendent Hongkong, 16th April, 1913.

NORDDEUTSCHER LLOYD, BREMEN, IMPERIAL GERMAN MAIL. LINE

NOTICE TO CONSIGNEDS. THE Steamship

"BUELOW,"

having arrived, Consignees of Cargo are hereby informed that their Goods, with the exception of Optum, Treasuro and Valuables, are being landed and stored at their risk into the hazard- ons and/or extra hazardons Godowns of the Hongkong and Kowloon Wharf and Godown Company, Ltd., Kowloon, and West Polat Godowns, whence delivery may be obtained.

Optional Carge will be forwarded on nisissa. intimation is received from the Consignees before NOON TO-DAY requesting it to be landed here.

No Claims will be admitted after the Chooda have left the Godowns, and all goods remaining undelivered after the 23rd inst, will be subject to rout.

All broken, chafed, and damaged goods are to be left. in the Godowns, where they will be examined on the 23rd inst., at 9,30 AM.

All Claims must reach us before the 30th inst or they will not be recognized,

No Fire Insurance will be effected. Bills of Lading will be countersigned by the Undersigned.

NORDDEUTSCHER LLOYD,

MELCHERS & Co.,

General Agents Hongkong, 16th April, 1913. -

"GLEN" LINE OF STEAMER 5,

NOTICE TO CONSIGNEES.

FROM ANTWERP, MIDDLESBRO', LONDON AND STRAITS. THE Stesmakíp (

I

"GLENTURRET," Captain R. Webster, harus arriped from the above Ports, Consigness of Cargo are hereby informed that their Goods are being landed at their rise into the Godowns of the Hongkong and Kowloon Wharf and Godown Company Limited, Kowloon, and stored at Consignees risk and expouse.

All broken, phafed, and damaged Goods are to be left in the Godowns, where they will be examined on FEIDAY, the 25th inat, st 10 AM,

All Claims must be presented within FIFTIEN DAYS of the Steamer's arrival here, after which date they cannot be recognized.

No Claims will be admitted after the Goods have left the Gedowns, and all Goods remaining. andelivered after the 25th inst. will be subject to rent.

No Fire Insurance has been offected.. Bills of Lading will be countersigned by

SHEWAN, TOMES & CO. Agenta. Hongkong, 18th April, 1913. 1593

NOTICE TO CONSIGNEES.

THE F.&O. 9. N. Co.'s Steamer

"PALAWAN," Arrived Hongkong on. 20th April, 1913, From ANTWERP, LONDON, MALTA, POET BALD, GUEZ AND STRAITE. Consignees of Cargo by the above-nsmed vessel are hereby informed that their goods are being landed and placed at rammL RISK in the Hongkong and Kowloon Wharf and Godown Company's Gedowns at Kowloon, where

Consignment will be sorted out Mark by

and delivery can be obtained as the Goods are Isnded.

Optional Goods will be landed here unless" instructions are given to the contrary within 6 hours.

Goods not afeared within 8 days including date of arrival will be subject to rent.

No Fire Insurance will be effooted by me in any case whatever.

Damaged packages must be left in the Godowns for exsinination by the Consignees and the Company's surveyors, Mesars. GODDARD and Douglas, at 10 AM, on MONDAYS and THURSDAYE. All Claims must be presented within ten days of the steamer's arrival hare, after which date, they cannot be recognised. No Claims will be admitted after the Goode have left the Godowns.

E.A. HEWETT,

Superintendent

Hongkong, 20th April, 1913,