1950_SUPREME_COURT_(ADMIRALTY_PROCEDURE)_RULES — Page 36

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 4]

Supreme Court.

same under safe arrest until you should receive further orders from Us:

We do hereby 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.

in Our said court, under the seal thereof,

Given at

this

day of

Release.

Taken out by

19

>

(Signed)

E.F., Registrar.

FORM 21.

PLEADINGS.

[rule 57.]

(1) In an action for damage by collision:

a. ("The Atlantic")

PETITION.

In the Supreme Court of Hong Kong, Admiralty Jurisdiction.

Writ issued

[Title of action.]

19

1. Shortly before 7 p.m. on the 31st January, 1903, 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.

2. The wind at the 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. 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. "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.

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CAP. 4] Supreme Court. same under safe arrest until you should receive further orders from Us: We do hereby 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. in Our said court, under the seal thereof, Given at this day of Release. Taken out by 19 > (Signed) E.F., Registrar. FORM 21. PLEADINGS. [rule 57.] (1) In an action for damage by collision: a. ("The Atlantic") PETITION. In the Supreme Court of Hong Kong, Admiralty Jurisdiction. Writ issued [Title of action.] 19 1. Shortly before 7 p.m. on the 31st January, 1903, 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. 2. The wind at the 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. 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. "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.
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CAP. 4] Supreme Court. same under safe arrest until you should receive further orders from Us: We do hereby 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. in Our said court, under the seal thereof, Given at this day of Release. Taken out by 19 > (Signed) E.F., Registrar. FORM 21. PLEADINGS. [rule 57.] (1) In an action for damage by collision: a. ("The Atlantic") PETITION. In the Supreme Court of Hong Kong, Admiralty Jurisdiction. Writ issued [Title of action.] 19 1. Shortly before 7 p.m. on the 31st January, 1903, the brig "Anthes", of 234 tons register, of which the plaintiff, George De Garis, was then owner, whilst on a voyage from Cardiff to Gran- ville, 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. 2. The wind at the 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. 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 the "Anthes", and bearing about one point on her port bow. "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 star- board 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. 300
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CAP. 4]

Supreme Court.

same under safe arrest until you should receive further orders from Us:

We do hereby 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.

in Our said court, under the seal thereof,

Given at

this

day of

Release.

Taken out by

19

>

(Signed)

E.F., Registrar.

FORM 21.

PLEADINGS.

[rule 57.]

(1) In an action for damage by collision:

a. ("The Atlantic")

PETITION.

In the Supreme Court of Hong Kong, Admiralty Jurisdiction.

Writ issued

[Title of action.]

19

1. Shortly before 7 p.m. on the 31st January, 1903, the brig "Anthes", of 234 tons register, of which the plaintiff, George De Garis, was then owner, whilst on a voyage from Cardiff to Gran- ville, 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.

2. The wind at the 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. 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 the "Anthes", and bearing about one point on her port bow. "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 star- board 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.

300

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