August 81, 1908.]
Thursday, August 27th.
IN ADMIRAlty JurisdicTION,
BEFORE SIE FRANCIS PIGGOTT (CHIEF Justice), with Commander R. M. PIN-
FOLD, R.N., and Captain Robinson
(NAUTICAL ASSESJORB).
INTERESTING SALVAGE CLAIM.
Chun Tak Loong and Co. sued Messrs. Bat. terfield and Swire and the Chios Navigation Co. Ld., their claim being for $10,8333 held by defendants as payment for services rendered in connection with the stranding of the as. “Akashi Maru.”
Mr. M. W. Slade, instructed by Mr. J. Scott Harston (of Messrs. Ewens and Harston) appeared for the plaintiffs, the defendants being represented by Sir Henry Berkeley, K.C., instructed by Mr. H. J. Gedge (of Messrs. Johnson, Stokes and Master).
હું
It was mentioned in the statement of claim that the plaintiffs were merchants carrying on business at 26, Des Voeur Road West, and the defendants, Messrs. Bitterfield and Swire, were the agents in Hongkong, for the defendant Company. The “Akashi Maru" left Amoy on a voyage to Hongkong having on board, stored in the treasure room, treasure in the form of coins to the value of $26,050 consigned to the plaintiffs, together with treasure to the value of $8,14,12 consigned to other persons, ten bags of mails and other packages, the contents of which were unknown to the plaintiffs. At 8.25 a.m. on September 30th, 1906, the ship struck the outer part of the North Merope Shoal and remained fast. At that time the wind was from the north east, and blow ing with about force five. There was a heavy swall on the port beam of the
"Akashi Maru," and the tide was about high water. Shortly after striking, signals for assistance were made to the 8.8, Yochow" belonging to the defendants, the China Navigation Co. Ld., which was close by on a voyage from Amoy to Hongkong. The lifeboats of the Akaabi Maru" were launched and 62 steerage and seven first-class passengers and the captain, officers and crew of the "Akashi Maru," 129 in num. ber, were safely carried to the "Yochow." The lifeboats were manned by the orew of the “Akashi Maru," and assisted during one or more trips by an officer and some of the men on the "Yoohow." On her seventh and last trip the "Akashi Maru's" lifeboat safely carried to the "Yochow the captain and officers and the contents of the treasure room of the "Akashi Maru," all with the exception of one bag of mails which was lost on being lower- ed into the lifeboat. The "Yochow" proceeded on her voyage to Hong kong, and the nine bags of mails from the "Akashi Maru" wers delivered to the Post Office, and six boxes and ten packages and one brown pap r parcel were delivered to Butterfield & Swire. The plaintiffs shortly afterwards found that one box of silver coins containing 84,384 had not been received by the defendants, Butterfield and Swire, making the value of the treasure which came into the possession of the defendants $29,807,12, of which $21,666 was the property of the plaintiffs. The defendants, Butterfield and Swire, at some date unknown to the plaintiffe, delivered to the Chinese Imperial Maritime Customs the value of $241:12, part of the treasure received from the Akashi Maru," leaving treasure to the value of $29,566 in their bands; and the defendants claimed to be entitled to retain one half of this amount, namely, $14,783 as remuneration for the salvage services rendered. On the 12th December, 1906, the defendants delivered to the respective ownere one half of the treasure held by them, leaving in their hands treasure to the value of $14,783 of which treasure to the value of 810,83 belonged to the plaintiffs. The plaintiffs claimed (1) That the award due to the defendant company for salvage services rendered to the plaintiffs in salving the plaintiffs said treasure be assessed by this honourable Court; (2) That the defendants be ordered to deliver to the plaintiffs the $10,833 in their possession, less * such sum as may be awarded for salvage services in respect thereof; (3) Or that in lien thereof the defendants do pay to the plaintiffs se damages the sum of $10,838 less such sum zgnosy be awarded as aforesaid ;\(4) \$1,000
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CHINA OVERLAND TRADE REPORT.
damages for the wrongful detention of the said $10,833.
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against the Lide and the boat stove in. He did not wish to minimise the valus of In the statement of defence the defendants, the crew's services, but a claim of $14,000 Messrs. Butterfield sad Swire, said they had no for rowing a quarter of a mile in a lifeboat interest whatzo ver in the subject matter of this which did not belong to them was rather a stiff action. In all matters and things connected charge. The time occupied from the striking with the claim they had acted merely as the of the "Akashi Maru” until the "Yoohow agents of the defendants, the Chins Navigation | had got her anchor up and was away on her Co. Ld., and in no other cpicity. The China voyage was only about seven hours. The ship Navigation Co. say that on the voyage of the herself, his Lordship would be satisfied, was "Akashi Maru", and at the time of the salvage never in the slightest danger. She had any services, the "Akishi Mara was parrying a amount of searoom, cam› roadd in a wide cirosle large number of passengers, and also treasure with her tow b:hiod, and had her head to the belonging to the plaintiffs and others, and that wind and s› nadar thɔ las of this shoal, where the passengers and treasure were saved from | she anchored. Counsel submitted that all the loss solely by the exertions of those on board risk raa in this matter was run by the the " Yoohow.” The wind was blowing with a men who rowed off in the boa'. They were force of aix and upwards, and while the the only people who did anything very material "Akashi Maru" W48 in danger of being or very meritorious, and he did not wish completely lost, together with all those on to diory their merit in the slightest board, the salvage services were repdered. it degree. The total a nouut of the treasu re baing observed by those on the Yoohow
salved was $29,9 13.86 and out of that the that those on the" Akashi Máru" were plaintiffs owned $21,499.31, leaving $8,334.5 } launching life-oats, those on the "Yoch w" belonging to other peopls. From the beginning waited until such boats, rowing with the wind the defendants had claimed to be entitled to and tide, ran alongside, and then all the have the total amonut silved, that was tɔ say occupants of such boats, consisting of certain of $14,916.93 Taking $350 as a fair day's p、y, it the passengers and certain of the crew of the worked out that they were demanding six weeks "Akashi Maru," were safely hauled up on to pay for seran hɔues work, rather a handsome the "Yoohow." The seconi journey to the
oale of remuneratiɔn, In the early part of "Akashi Maru" was even more difficult and December, 1906, the defendants returned the dangerous than the first, by reason of the force whole of the treasure to the various owners of the wind and sea. The number of persons on receiving a deposit of fifty per cent, of the rescued from the Akashi Maru Was 133 in
value. Salvage rewards ought to be liberal so addition to the captain, officers and crew. During the second journey of the said life-boat a large oraft, manned by Chinese, attempted to intercept the course of the life boat and prevent her from reaching the " Akashi Maru," and such craft only desisted from the attempt because it was fired upon by those aboard the Yochow," The China Navigation Co. say that the total amount of treasure which came into their hands amounted to $ 9,833.86 Hongkong currency, of which 821,444.34 and no more was claimed by plaintiffs 88 their property. The China Navigation Co. thought they had a lien on the sum claimed by the plaintiffs and that they were entitled to retain such sum as a reasonable reward for the salvage services rendered. The defendants, the Chios Navigation Co., by way of alternative defence to the whole action brought into Court the sum of $2,144,93, and said that aum was sufficient to satisfy the plaintiffs' claim. Mr. Slade said this action came before the Court in a somewhat unusual manner.
It was an action to assess salvagɔ services, brought, not by the salver, but by the owner of the property which was salved. The defendants had adopted a decidedly aaasual o ·urse of practice by taking the law into their own hands and assessing the value of their services at half the value of the treasure salved and keeping it, instead of doing what is usually done, applying to the Court to assess the value of their services and to fix the award to which they were entitled. When analysed, the aliega. tions of fact in the pleadings did not differ materially, except in the degree of violence and the amount of danger which was met with by the salvors.
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It was
matter
of common
experience to the Court that salvors always thought they had done most remarkably well eve when they had done only well and the fact that possibly the reward would be enhanced by the weather being made to appear worse than it perheps was, sometimes tended to make them think it was very bad when it was only bad. In this case they were depen. dent to a large extint on the logs of the "Yochow." The logs were written approxi- mately at the time of the occurrence of the events, and they were perfectly content to take the allegations in those logs which, he thought, would be found to differ very widely from the allegations of witnesses who would now speak of their recollections of weather nearly two years ago. His Lordship would see from the statement of claim that they did not seek is any way to minimise the sarviops rendered. There was a heavy swell and a moderate trees, and there undoubtedly was considerable merit in the action of the orew of the lifeboat who rowed off to this ship as she lay noon the reef and rescued people from her. They hat a very hard pull against the wind and tide, aud necessarily when laying alongside the ship they '<lud ÷to be ourofal that they were not skrown
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to encourage people to reader salvage servios, and he would ask his Lordship to render & liberal 800 ia this instan miking the amount in some sort of pro- portion to the services rendered. A salvage servic Was a sigal servics, and was not estimited by sɔ much for this anl that except gador very extraordinary and exceptional siroumstances. He did not see on what possibis principle of justice the defendants cald be entitled to hang on to the mɔny in the way they hal, neither did hs 83; how they shoul1 gain any advantage from it.
His Lordship-What proportion of salvage generally goes to the owners?
Mr. lide-It depends entirely upon the circumstances of the oise.
There is no fixed proportion at all, What goes to the owners is always in proportion to the risk the have ruu.
owners
Evidence was called, and the case adjourned.
IMPORTS. :-
COMMERCIAL.
SUGAR.
KOBE, 18th August:-Sugar.-Beet.-Market firm, quotations unchanged. Cane.-Raw.—The market is stationary. Muscovados basis polarisa- tion 96 per cent. Colour average 124 is quoted at Y5.55/5.95 per picul ex ship. Formoss-No Osaka Refined.--The Osaka Refinery stocks. held auctions on the 18th and 23rd instants. At the first sale of 7,100 bags offered, 6,600 bags were disposed of at an advance of from 2 to 16 second sale, 4,600 bags were sold at unchanged Sen, while 500 bags were withdrawn. At the
prices and 500 bags were withrawn.
YOKOHAMA, 15th Aug. No change to report.
KEROSINE.
FoоCнow, 14th August, 1908.--Imported since 1st June 1,286,821 gallons, as against 1,388,314 gallons for the corresponding period of last year.
YOKOHAMA, 15th Aug.—Arrivals and deliveries for the second half of July show. Standard Oil Company, arrivals nil; deliveries 5,500 cases; 900 units: Rising Sun Petroleum Co., arrivals nil; deliveries, 3,000 units.
FLOUR.
FoocHow, 14th August-During the week 37,100 bags were imported, bringing the total since lat June up to 106,564 which is a de- create compared with the 113,969 bags for {the same period of 1907.
Yokohama,, 15th August,--Priosa at-home have gone up but this market, ban... not,ɛriousɗl. lk. sympathy.
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