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the towage, and could not leave Amoy until the 9th Deo-mber at 4 a.m, and reached Hongkong at 5. 35 a.m. on the 10th December. By reason of rendering the above-mentioned services to the Hupeh" the “Aragonia” used extra co∙l to the value of $1,417.50 and her charterers had to expend $91.25 for overtime to give consignees prompt delivery of their cargo, and the char- ferers had to pay the owners three days' charter
the rate of money at
U. 8. gold $300 per day, amounting to Mexican $1,651.27 for the time occupied in rendering the said services. In rendering the said services a heavy strain was put upon the bull, engines and gear of the Aragonia and considerable risk of serious damage inourred and considerable labour, exertion and danger were undergone by her master and crew. The plaintiffs therefore claimed (1) such an amount of salvage as to the Court shall seem ft (2) that the defendants be ordered to pay to plaintiffs such amount and costs.
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THE HONGKONG WEEKLY PRESS AND
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wer to paragraph six of the petition the defend- ants said: There was no difficulty in the towage during the period referred to and the two ressels proceeded comfortably before the wind and sea, and the steering of the "Hupel" Was good. There Was Do risk of the two ships losing connection provided that the steering was careful. The Aragonia was steered inside Ocksen Island, but the risks of navigation were not increased thereby. In ans wer to paragraph 7 of the petition the defendants said: The towage was resumed about 7.2 p.m. on the 8th inst, and both vessels anchored in the outer harbour at Amoy at 10.50 a.m, and subsequently the Aragonia" towed the Hupeh" to the back of Kulang sa with the assistance of a pilot, arriving in the inner harbour where the hawser was cast off and the tow completed at 11.5 p.m. The defendants admitted the truth of the allegations in para- graph 8 and 9 of the petition. They however did not admit the truth of any of the allega tious in paragraph 10 of the petition. They denied that В heavy or Any strain was put upon the "Aragonia", her bull, machiner or gear in rendering the said services. The defendants also denied that any risk of serious damage or any damage was incurred by her. The defendants admitted that extra labour and exertion were undergone by the master and crew of the "Aravonia" in cousequence of the said services, but denied that danger wai undergone by her master or crew. Save in 80 far as the admissions noted, the defendants denied the truth of each and every allegation in the petition. The defendants on 30th April, 1917 paid into Court the sum of $9,365.80, being the equivalent at the then rate of exchange of £1,00, and the defendants said that under the circumstances this amount was
Mr. Slade, having read the pleadings stated that there was no divergence between the parties except in the matter of signals.
Mr. Pollock-We are agreed upon the signals. Mr. Slade remarked that there were questions outstanding except the state of the weather.
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In their answer to the petition the defend- ants admitted the first part of paragraph 1 but denied the other allegations in that para- graph. They, however, admitted the allegations in the paragraph 2, save that the "Hupeh Was of the value of £18,000 only and not of the value of £25,000. The defendants admitted the statements in paragraph 3 of the petition except that they stated that the 8.s. Hupeh" was anchored in 27.22 north latitude and 12.13 east longitude, and except that they giated that the only signal made by the "Hupeh' to the " Aragonia" Was "Can you tow me to a safe anchorage ?" The propeller shaft of the 8.8. Hupen broke at 7.35 p.m. on the 5th December, and she thereupon anchored in a safe anchorage in 28 fathoms of water and paid out about 90 fathoms of chain. The "Hupeh" was in no danger whatever either then or at th-sufficient to satisfy plaintiffs' claim. time when the " Aragonia" began to tow her, or at any time between these periods. In answer to paragraph 4 of the petition the defendants said: There was a strong north-east monsoon lowing with a rough sea. The 8.8. Aragonia," how ever, manœuvred near to the "Hupeh" without any difficulty or danger and the Aragonia" encountered no difficulty or danger in anchor- ing ahead of the "Hupeh" so as to enable a steel hawser for towing to be passed between the two vessels. Those on board the "Hupeh never requested to be towed to Hongkong, but requested to be towed to Maten. The defend- ants intended to wire a report of the accident from harp Peak. In answer to paragraph 5 of the petition the defendants said: There was considerable trouble but no difficulty or danger, owing to the state of the sea and the weight of the steel hawser in passing it from the "Aragonia" to the "Hapeh," bat such work was done solely by the second officer and seamen of the "Hupeh," who passed along such hawser in a boat belonging to the Hupeb," and no difficulty or danger in connection with the work was incurred by those on board the "Aragonia." The towing commenced at 3.3" p.m. and so soon as the vessels were steadied on their course, which was about southwest, thus bringing the wind and sea astero, the towage went on at a speed of about nine knots an hour, Daring with an easy strain on the hawser. the night "the wind and sea increased, and when they had passed Tungyang about midnight those on board of the Hapeb noticed that the Aragonia" did not alter her
to the westward in the direction of Matsu, and accord- the ingly concluded that the captain of
Aragonia" had decided to continue the tow. age to Amoy. At about 1.30 p.m. on the 7th Deo mber the "Aragonia" signalled "Advisable tow to Hongkong because Amoy not before dark," to which the "Hupeh" replied " prefer outer harbour Amoy, entrance not difficult. Night signalling for anchoring I leave to your arrangement." The "Aragonia" then signalled
Mr. Pollock-They say it was very rough. His Lordship-They say it was very, very rough (Laughter).
His Lordship (to Mr. Slade). They don't take the serious view of it that you do?
Mr. Slade-No.
course
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I shall make for anchorage, use every pre- caution." The two vessels passed Dodd Island at 6 p.m., and about one hour later those in charge of the "Hapeh" noticed the "Aragonia" altering her course to starboard rather suddenly in the direction of the Tsing Sus Light, and in consequence of this jerk the chain cable on the Hupeh" which was connected with the towing hawser between the vessels ported aud Hapeh" anchored promptly thereupon the " and the "Aragonia” some minutes later. In an8.
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Mr. Follock-That is a common occurrence. Mr. Slade having concluded his opening statem at, evidence in support of the plaintiffs' claim was called.
The first witness Captain Ernst of the Aragonia," gave evidence to the effect that he understood from the captain of the "Hupeh ' that he wanted to be towed to Hongkong. They spoke to each
other through the megaphone and he understood that was the nature of the request. He was of course not quite sure. Witness described noeuvres which preceded the fastening of the hawser, and indicated that a collision narrowly avoided.
the ma
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Mr. Pollock cross-examined witness as to the danger or otherwise of having taken the passage inside Ocksen Island, and witness sid that in taking that passage it meant a certain 'risk' which he did not hesitate to take after baving taken the risk of taking the "Hupe in tow.
The case was adjourned.
Tuesday, June 11th.
IN ADMIRALTY JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIE FRANCIS PIGGOTT), AND THE HON. MR. E. A, HEWETT (NAUTICAL ASSESSOR).
A SALVAGE CLAIM.
The action for salvage brough' by the Hamburg-Amerika Linie and the master and crew of the 8.0. Aragonia" a ainst the China Navigation Company, Ld., the owners of the 8.3. "Hupeh" her oargo and freight, was cnn. tinued. Mr. M. W. Slade (instructed by Mr. G. Hastings of Messrs. Hastings and Hastings) appeared for the plaintiffs, while defendauts were represented by the Hon. Mr. H. E. Pollock, K.C., (instracted by Messrs. Johnson, Stokes and Master).
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(June 15, 1907. Captain Ernst, of the "Aragonis,” having co soluded his evidence, the Chief Engineer was called, and confirmed his testimony.
His Honour then asked Mr. Slade what he would say, in assessing a reasonable amount to be paid, was the value of the services rendered by the "Aragonia" going inside Ocksen, as that was the question the Assessor and he had to consider.
Mr. Slade, after deliberation, said he thought 10 per cent, of the value of the vessel should be paid in consideration of the danger and risk caused by the steamer going at night into un surveyed waters.
Mr. S. Silverstone, agent of the charterers of the "Aragonis," deposed that the time lost to the Aragonia" by the towing of the "Hupeh was two days.
Mr Pollock-But one was a Sunday. Don't you have to take out a permit to work on Sunday?
Witness-We do.
Mr. Pollock-Yes, and pay a fee of something like $250 ?
Witness We pay a fee of $200. Mr. Pollock-Are you in the habit of paying these fees for working on Sunday ?
Witness-1 am. When necessary, I get permits for steamers to work on Sundays.
Mr. Pollock was proceeding to address the Court for defence, when
His Lordship said-What we don't under- stand is why, if the "Hupeh" did ask to be towad to Matsu, and finding the “Aragonia" was not beading in that direction, the people on board the "Hupeh" did not at once protest and ask the ‘Aragonia"what she was doing?
Mr. Pollock-Well, my Lord, when speaking or signalling at sea one does not stop to argue and call each other names through the mega phone.
His Honour-How far will the megaphone carry?
Mr. Pollock-That depends upon the size of the megaphone.
Mr. Pollock continued his address in which he contend d that there was no danger and risk incurred by the “Aragonia”, and that she was entitled only to the usual t wing charges in such circumstances, plus the cost of the extra charter money and extra coal,
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Captain Mathias of the "Uaph" said he had been on the China Coast since 1885 and had been He in command of the "Hupeh" since 1903. detailed the events of the 5th December last when the propeller shaft of the "Hupab" broke. On the following morning he signalled the Aragonia and as she steamed abreast of the Hupeb' the Captain asked witness where he wanted to be towed. Witness, speaking through
Matsu'. the megaphone, answered
The Captain of the Aragonia" replied—” You must come on board and talk to me". Witness responded-"I consider the weather unfit for boarding. " The Captain of the "Hapeh" them -Witness said—“ I will do my best for you" then noticed that the "Aragonia" drew ahead and canted over towards the "Hupeh", passing close to the latter's bows. Witness did not consider it was necessary for the" Aragonia ' to go as far as she did, she could have laid off the Hapeh's quarter. Witness illustrated his remarks with models.
The case was adjourned.
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. W188 (PUIS JUDGE).
THE CONNAUGHT HOUSE,
Some time ago an action was brought by a number of Chinese against The Connaught House, bat, as the Paisas Judge pointed out. bricks and mortar could not be sued. The writ was amended and the managing partner was summoned but on his declaring that he was only one of eight the writ was again amended. On this occasion a series of actions were heard. Batchers, bakers, compradores, and dairy men brought separate actions against the proprietors for goods The pro- sapplied t the amount of 8549.6 prietors were Wong Fang Shek, Tsoi Sing, Li Wai Nam, Kwan Tani Kwan, Nam Shui Tong, Lai Hop Kee, and Kwan Fuk Yan, but only the second, fourth, sixth and eighth had been served. Only one man answered to his name and after judgment had been given against those who had been served it appeared
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