July 19, 1902.]
year-namely, Stope Mine and Bukit Neobong. Two of the subsidiary companies at Raub bad been obtaining gold, and the third, the Queens- land Raub Gold Mining Company, would shortly have their own battery at work.
A
Mr. BAGLEY seconded the motion, which, after few remarks from Mr. Harry Webb, was carried unanimously.
The retiring directors, the Hon. Robert Phillips, Messrs. De Burgh Parsse, James Forsyth, and G. F. Scott, also the auditor, Mr. T. A. Bond, were re-elected at the same remuneration as formerly.
CHINA OVERLAND TRADE REPORT.
SUPREME COURT.
1
Monday, 14th July.
IN ADMIRALTY JURISDICTION. BEFORE HIS HONOUR W. MEIGH GOODMAN (CHIEF JUSTICE)
"WONG KOI
13
V. CLARA."
53
exaggerated by the plaintiffs. The Clara was in no immediate danger. She was making no water sad, with the exception of the damage to her shaft, was uninjured. The weather during the whole time in question was fine and tho Wong Koi was at no time in any danger whatever. The salvage services rendered by the Wong Koi ceased upon the arri- val of the vessels in Hoihow Bay, and the ser-
This was an action for recovery of salvagevices rendered by the Wong Koi in towing the expenses. Mr EH. Sharp, barrister-at-law Clara from Hoihow to Hongkong were merely (instructed by Mr. G. C. C. Master, solicitor) towage services. The defendants had tendered $15,000 and contended that that sum was suff. cient to satisfy all the claims of the plaintiffs, Mr. Sharp stated that the defendants had had the Clara re-valued and the new valuation was |$65,000.
A vote of thanks to the chairman terminated appeared for the Wong Koi; and Mr. M. W. the proceedings.
UNITED ASBESTOS ORIENTAL
AGENCY, LD.
The following is the report for presentation the shareholders of the above Company at the sixth ordinary annual meeting to be held at the offices of Messrs. Dodwell & Co., Ld., Queen's Buildings, on the 28th inst., at 3 p.m.:
The General Managers have now the pleasure to lay before the shareholders the accompanying statement of accounts for the year ended 31st May, 1902.
ACCOUNTS.
...$3,000.00
The balance at the credit of profit and loss account, after writing off $65.40 for depreciation and including $731.81 brought forward from last year, is $15,389.03, which it is proposed to appropriate as follows:- To place to reserve fund To pay a dividend of 15 per cent, on
ordinary shares ...
5.940.00 To General Managers' remuneration... 2,00.00 To pay a further dividend of 5
per cent. on ordinary shares
1,980.00
1,980,00 459.03
$15,389.03
To pay $19.80 per share on 100
founders' shares... To carry forward to new account...
The accounts
AUDITOR.
DOW presented have been audited by Mr. W. H. Potts, who, being eligible, offers himself for re-election.
DODWELL & Co., LD, General Managers.
Hongkong, 10th July 1902. s
The accounts are as follows:-
PALANCE-SHEET.
21st May, 1902.
LIABILITIES.
To capital 9,900 ordinary shares
of $10, of which $4 per share
100 founders' shares of $10
paid
fully paid
To bills payable
To sundry creditora
To unclaimed dividends
To reserve fund
C
Slade, barrister-at-law (instructed by Mr. J. Hastings, solicitor) for the Clara,
Captain Dorward, Crown of Arragon, was the nautical assessor.
Mr. Richard Unsworth, an ex-captan with the Scottish Oriental Co., afterwards gave evi- dence as to the nature of the coast where the mishap befell the Clara, of the anchorage at Hoihow, and of the weather to be expected there at the season of the year when the salvage was effected.
Mr. Sharp opened the case by reading the pleadings, which showed that the Wong Koi was a steamship owned by the Norddeutscher Lloyd, of 1,115 tons register, of the value of $400,00, and carrying at the time of the salvage services rendered a crew of 62 under the command of William Bartling, master. The steamship Clara when salved was the property of M. Jebs-n & Co. of Apenrade, of the value of 875,000, carrying a cargo of the value of $65,569 and freight of the value of $1,100. About noon on the 14th of July, 1901, when the Wong Koi was at anchor at Pakhoi, being due to leave the following day for Muntok, Banka, an island in Netherlands India, near Java, whither she was bound with 600 Chinese coolies, and 6 first-class cabin passengers, the captain was informed by the chief officer of the Clara, who brought a letter to the like effect from the master of the Clara, that the Clara was lying totally disabled in a position about 50 miles S. 32 deg. Elof Kwantan Point in the Gulf of Touking, that the said position was dangerous, that the neighbourhood was infested with pirates, and that she needed assistance. As soon as the Wong Koi could get steam up she proceeded to the place indicated and there found the Clara with her stern shaft broken. The sea was somewhat rough, and the Clara was helpless and in imminent peril. and dangers in the eighbourhood of the The coast Clara's position had not been properly sur- veyed, and the likelihood of a typhoon or other bad weather at that season of the year was great. The Clara was far out of any usual track of ships. She had on board 70 passengers, a crew of 28 wen, and a cargo of 145 pigs and about 4,000 cases of indigo sugar and general merchandise. The Wong Koi at the request of the master of the Clara at once took steps to rescue her and to tow her to Hoibow and thence to Hongkong. The Wong Koi brought the Clara safely into Hoihow Bay; on the way thither the Clara, on account of the 10,600.00 14,868.07*
swell, lost her propeller, which had been pre- 13,083.16 viously secured with chains to ensure its safety. As Hoihow Bay afforded no safe anchorage at 5,000,00 that season for a vessel in the disabled condition 15,389.03 of the Clara, and as there were no means of $89,180.26
repairing her nearer than Hongkong, the Wong Koi, at the request of the master of the Clara, $ c. proceeded to tow her to Hongkong, having taken on board 44 of her passengers who refused 4.000.00
to remain on the Clara. The Wong Koi brought the disabled ship safely into Hongkong Harbour at about 8.30 p.m. on 17th July. The Wong Koi then returned to Pakhoi, where she arrived at about 8 a.m. on the 20th July. In rendering these services, considerable risk, labour, expense, loss and delay were occasioned to the Wong Aoi and great skill was shown 276.69 by tho e on board her. The Wong Koi also suffered damage to her tow-rope and tackle and was put to the cost of keeping 467 of her passengers at Pakhoi from 14th July till 20th July. The plaintiffs were entitled to salvage for the services rendered by her and had demanded from the defendants in that regard $57,777. On or about 24th December, 1901, the plaintiffs delivered to the defendants an account containing full particulars of the claim and showing how it was arrived at. The defend- ants had not paid that sum. In their answers $58,517.38 the defendants denied that the value of the steamship Wong Koi was $400,000 and 731.80 said that the value of the Clara as 57,530.94 salved was $23500 and the value of her
42.00 212.64 cargo was $65,569. The risk incurred by the Clara and the risk, labour, expense and loss $58,$17.38 occasioned to the Wong Koi and the cost of keeping 467 passengers at Pakhoi were greatly
$
$
c.
39,600,00
1,000.00
To profit and loss account balance.
ASSETS..
By value of launch Gladiator as per last
account
By value of furniture and fittings $
C.
as per last account
By since expended
150,00 65.40
Less written off'
$215.40 65.40
By value of material on hand
By sundry debtors
By cash in bank
By unexpired portion of insurance policies
By cash in hands of General Managers......
240.00
150,00 65,018.84
14,555.08 8,819.83 359.82
$89,180 26
PROFIT AND LOSS ACCOUNT. 31st May, 1902.
$ To trade expenses, salaries, commissions,
launch working, rent, advertising 43,012.95 To auditor's fee
To depreciation for year ending 31st May To balance carried to new account.
By balance from last account By profit on sales
By transfer fees
By interest
...........
50.00
65.40 15,389.03
C.
Other written evidence was taken. The Court adjourned.
46
Wednesday, 16th July.
WONG KOI" V. CLARA. Evidence and debate having been concluded! on the preceding day,
His Lordship delivered judgment as follows: This is a salvage action in which the plaintiffs claimed the sum of $57,777 for salvage services rendered by the s.s. Wong Koi to the 8.8. Clara in July. 1901. The case was heard by me, with Captain Dorward as nautical assessor. on 14th and 15th July. The facts are fairly simple, and the d-fendants paid $15,000 into Court as sufficient in their opinion to meet any fair claim. The 8.8. Clara having left Pakboi for Hongkong had reached a point about half-way between Pakhoi and Cape Kami when she broke her propeller shaft and had to anchor. There she remained quite unable to proceed, and sent for help to Pakhoi. Her master stated in his letter asking for assist- ance that they were totally helpless." Without criticising in detail the evidence, on that head, given by the witnesses, it is obvious that if a typhoon had come on, and July is a typhoon month, the Clara would have been in a most perilous position, even if her water and food had lasted out. The Clara was worth some $65,000, ber cargo was worth $65,569, and her freight worth $1,100. She had on board 71 passengers, a crow of 28,, some 145 pigs, and 4,000 packages of cargo (indigo, sugar, etc.). The s.8. Wong Koi,, of 1,115 tons registered burden and of the value according to the statement in the petition of some $400,000, was at the time at Pakhoi which port she was due to leave on 15th July with several hundred coolies and six first-class passengers for Banka Island, near Java. On Sunday, 14th July, the message of the master of the Clara was delivered to the master of the Wong Koi. In due course she got up steam, and, at noon on 15th July, arrived at the place where the Clara was anchored and where she had then been for three days. A hawger having
been made fast, the Weng Koi towed the helpless Clari first to Hoihow and then to Hong- kong which latter port was reached about half-past eight on the evening of 17th July, (The distance for which the Clara was towed was some 332 miles. After performing this service skilfully and successfully, the Wong Koi returned to Pakhoi and was able to continue her original voyage on Monday, 22nd July. On the way to Hongkong some 44 Chinese passengers were transferred from the Clara to! the Wong Koi. The average net earnings of the Wong Koi in 1901 were about $351 a day.... The parties, after some discussion in Court, arranged practically to admit that the Wong Ko should be deemed to have been delayed' in her original voyage for six days, and that she also incurred various actual expenses amounting to $2,696. That is to say, har ordinary average earnings would have been $2,106 and she was put to $2,696 expenses. The question them arises what amount should the Court award for salvage services taking into consideration the matters I have mentioned. The distinction - between ordinary towage services which give
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