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the towage, and could not leave Amoy until the 9th Deo mber at 4 a.m, and reached Hongkong at 5.85 am, on the 10th December. By reason of rendering the above-mentioned services to the Hupeh" the "Aragonia” used extra co-1 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 money at the
rate of U. 8. gold $300 per day, amounting to Mexican $1,851.27 for the time occupied in rendering the said services. In rendering the said services a heavy strain was put upon the hull, engines and gear of the 'Aragonia" and considerable risk of serious damage incurred 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 fit (2) that the defendants be ordered to pay to plaintiffs such amount and costs.
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督管
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 vessels proceeded comfortably before the wind and ses, and the steering of the "Hupeh was good. There
DO risk of the two ships losing connection provided that the steering was careful. The Aragonia " was steered inside Ooksen Island, but the risks of ❘ navigation were not increased thereby. In ans wer to paragraph 7 of the petition the defendsats 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 s.m. and subsequently the Aragonia" towed the Hupeh" to the back of Kulangsu with the assistance of a pilot, arriving in the inner harbour where the bawser was cast off and the tow completed at 11,5 p.m. The defendents 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. tions in paragraph 10 of the petition. They denied that & heavy ог any strain
was
put upon the " Aragonia", her hall, machinery 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 "Arazonia" in consequence of the said services, but denied that danger was undergone by her master or crew. Save in so far as the admissions noted, the defendants denied the truth of each and every allegation in the petition. The defendants on 30th April, 1907 paid into Court the sum of 89,365.80, being the equivalent at the then rate of exchange of £1,000, and the defendants said that under the circumstances this amount was sufficient to satisfy plaintiffs' claim.
Mr. Slade, having read the pleadings stated that there was no divergence between the parties except in the matter of signals.
Mr. Pollook-We are agreed upon the signals. Mr. Slade remarked that there were questions outstanding except the state of the
weather.
no
Mr. Pollock-They say it was very rough. His Lordship-They say it was very, very
His Lordship (to Mr. Slade).---They don't take the serious view of it that you do P
Mr. Slade-No.
Mr. Pollock-That is a common occurrence, Mr. Blade having concluded his opening statement, evidence in support of the plaintiffs claim was called.
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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 s.. Hupeh" was anchored in 27,22 north latitude and 12.13 east longitude, and except that they stated 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 7.3. p.m. on the 5th December, and she thereupon anobored in a safe anchorage in 28 fathoms of water and paid out about 90 fathoms of chain. The "Hupeb" was in no danger whatever either then or at the time when the "Aragonis" 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 blowing with a rough sea. The 8.8. Aragonia," how ever, manoeuvred near to the "Hapeh" 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 | rough (Laughter). the two vessels. Those on board the "Hupeh never requested to be towed to Hongkong, but requested to be towed to Matsu. The defend- anfs intended to wire a report of the accident from Sharp 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 "Hupeh," but 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 Hapeb," and no difficulty or danger in connection with the work was incurred by those on board the "Aragonia." The towing commenced at 3.30 p.m. and so soon as the vessels were steadied on their course, which was about southwest, thus bringing the wind and sea astern, the towage went on at a speed of about nine knots an hour, with an easy strain on the hawser. During the night the wind and ses increased, and when they had passed Tungyung about midnight those on board of the
"Hapeh noticed that the 'Aragonia ' did not siter her Course to the westward in the direction of Matsu, and accord- ingly concluded that the captain of the 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 "Hupah" replied “ prefer outer harbour Amoy, entranos not difficult. Night signalling for anchoring I leave to your arrangement." The "Aragonia” then signalled *I shall make for anchorage, use every pre- cantion." The two vessels passed Dodd Island at 6 p.m., and about one hour later those in charge of the "Hupeh" noticed the "Aragonis" altering her course to starboard rather suddenly in the direction of the Teing Sue Light, and in consequence of this jerk the chain cable on the "Hupeh which was connected with the towing hawser between the vessels parted and thereupon the "Hupeh" anchored promptly and the “Aragonia” some minutes later. In ana.
#4
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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 the ma noeuvres which preceded the fastening of the bawser, and indicated that a collision Was narrowly avoided.
Mr. Pollock cross-examined witness as to the danger or otherwise of having taken the passage inside Ocksen Island, and witness said that in taking that passage it meant a certain
**
risk' which he did not hesitate to take after having taken the risk of taking the " Hupeh' in tow.
The case was adjourned.
Tuesday, June 11th.
IN ADMIRALTY JURISDICTION.
BEFORE THE CHEY JUSTICE (SIE FRANCIS
PIGGOTT), AND THE HON. MR. E. A.
Hewett (NAUTICAL ASSESSOR),
A BALYAGE CLAIM.
The action for salvage brought by the Hamburg-Amerika Linie and the master and crew of the as. “Aragonia" against the China Navigation Company, Ld., the owners of the s. "Hupeh" her cargo and freight, wan con- tinued. Mr. M. W. Slade (instructed by Mr. G. Hastings of Mears. Hastings and Hastings) appeared for the plaintiffs, while defendants were represented by the Hon. Mr. H. E. Pollock, KC., (instructed by Messrs. Johnson, Stokes and Master).
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[June 15, 1907.
cooluded his evidence, the Chief Engineer was Captain Ernst, of the “Aragonis,” having
called, and confirmed his testimony,
His Honour then asked Mr. Blade 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 be thought 10 per cent, of the value of the vessel should be paid in consideration of the danger and risk oaused by the steamer going at night into un surveyed waters.
Mr. 8. Silverstone, agent of the charterers of the " Aragonia," deposed that the time lost to the" Aragonia" by the towing of the "Hupeh was two days.
you have to take out a permit to work on Mr Pollock-But one was a Sunday. Don't Sunday?
Witness-We do.
Mr. Pollock-Yes, and pay a fee of something like $250 ?
Witness-We pay a fee of $300. Mr. Pollook-Are you in the habit of paying these fees for working on Sunday ?
Witness I am.
permits for steamers to work on Sundays.
When necessary, I get
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 towed to Matsu, and finding the "Aragonia” was not heading in that direction, the people on board the "Hupeh" did not at once protest and ask the 'Aragonia"what she was doing?
Mr. Pollook-Well, my Lord, when speaking or signalling at sea one does not stop to argue and call each other names through the mags phone.
His Honour-How far will the megaphone carry?
Mr. Pollook-That depends upon the size of the megaphone.
Mr. Pollook continued bis address in which he contended that there was no danger and risk incurred by the " Aragonia ", and that she wAS entitled only to the usual towing charges in such circumstances, plus the cost of the extra charter money and extra coal.
S
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Captain Mathias of the “ Hup-h" said he had been on the China Conat since 1885 and had been in command of the "Hupeh" since 1903. He detailed the events of the 5th December last when the propeller shaft of the "Hapeb" broke. On the following morning he signalled the Aragonia " and as she steamed abreast of the Hapeh the Captain asked witness where, he wanted to be towed. Witness, speaking through the megaphone, answered Metsa'. The Captain of the “ Aragonia" replied-“ You must come on board sad talk to me”. Witness responded-"I consider the weather unfit for boarding. The Captain of the "Hupeb" then said "I will do my best for you -Witness then noticed that the "Aragonia" drew shend and canted over towards the Hupeh", passing close to the latter's bows. Witness did not consider it was necessary for the “ Aragonis to go as far as she did. She sould have laid off the " Hupeh's" quarter. Witness illustrated his remarks with models.
"
The case was adjourned.
"
IN SUMMARY JURISDICTION.
BEJORA MR. A. G. Wish (Puishu Judan),
THE CONNAUGHT HOUSE,
Some time ago an actión was brought by a namber of Chinese against The Connaught House, bat, as the Palane 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 sctions were heard, Batchers, bakers, compradores, and dairy men brought separate setions against the proprietors for goods supplied to the amount of $348.6. The pro- prietors were Wong Fang Shok, Tsoi Sing, Li Wai Nam, Kwan Tani Kwan, Nam Sku Tong, Lai Hop Kee, and Kwan Fak Yan, bat only the second, fourth, sixth and eighth had been served. Only one man answered to his name and after judgment had boom giron against those who had been served it appeared
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