THE HONGKONG GOVERNMENT GAZETTE, 11TH JULY, 1896.
No. 21.
PLEADINGS.
(1.) In an Action for damage 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 "Anthes," 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 nine hands, all told, was about fifteen miles S.E. E. from the Lizard Light.
وو
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, heading 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 "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 ou 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 "Authes," ran agaiust and with her stem and starboard bow struck the starboard quarter of the "Authes" 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.
66
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 "Authes.”
6. The helm of the "Atlantic" was ported at an improper time.
7. The said collision, and the damages and losses cou- sequent thereon, were occasioned by the negligent aud improper navigation of those on board the "Atlantic."
The Plaintiff claims-
1. A declaration that he is entitled to the damage
procceded 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.
Rule 57.
Dated the
day of
18
(Signed)
A.B., Plaintiff.
ANSWER AND COUNTER-CLAIM.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
bi
[Title of Action.]
1. The Defendants are the owners of the Swedish barque
Atlantic,” of 988 tons register, carrying a crew of nineteen
hands all told, and at the time of the circumstances herein-
after stated bound on a voyage to Cardiff.
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.
571
No comments yet.
Private notes are available after approval.