190
Answer: —It was not high sen. It could not have been high ses. But we are of opinion that the weather was not in any sense bad weather, but ordinary fresh monsoon weather with a fresh, strong breeze and-in the com. paratively sheltered position of the salvage operation-a moderately rough sea. Bat there was some extra risk incurred in approaching within one quarter mile of a dangerous reef with a small scale chart.
8. The same questions are repeated with regard to the period during which she remained at anchor in that position bearing in mind her special manoeuvres of making a lee-side to enable the boats from the "A kasbi " to put the people on board the "Yoobow" with greater safety ?
Answer. No extra. danger at anchor. In case of tide turning she would have weighed and anchored further off.
4. In connection with questions 2 and 3, Was there at any time, and if so, at what time, any cause for anxiety to the captain of the "Yoohow" in regard to the safety of his own vessel and tow P
The Assessors were of the opinion that the manœuvre of rounding head to sea and coming to an anchor performed by the "Yochow," while naturally attended with a certain amount of anxiety and risk in making a long sweep round on comparatively narrow waters Was not- when executed with promptitude and skill -one of absolute danger to life or pro
"Tochow perty on either the
or her tow. That this manoeuvre and the subsequent pro- ceedings of salvage in handling the "Yochow" and getting the passengers, specie and boats safely on board the "Yoohow were exrouted with ад admirable degree of seamanlike promptitude and skill.
"
5 Was there any, and if so what, special exertion required on the part of those who went from the Yoohow" on the first or second journeys to the "Akashi" to rescue the people on board of her :-(a) In getting away from the "Yoohow"; (b) During the journey to and fro; (c) In getting alongside, and while they were alongside the "Akashi ?”
Answer Not (a) as the boats were on the lee side; (b) Very arduous both ways; (c) Special exertion.
6. The same question, with the word "peril" substituted for "special exertion ?"
Answer-There was peril, but not extreme peril. in (b) owing to overloading, and (c) same, but no peril in (a). While the last two journeys of the "Akashi's" lifeboat manned by members of the "Yoohow" crew were attended with the risk which is always attached to boat work on even a moderate sea, and especially approaching the lee side of a wreoked vessel, and were extremely exhausting, and were courageously and skillfully performed, the facts as presented do not warrant the assumption that the crews were at any time in anusual peril of their lives.
His Lordship said he agreed with the Assessors on the evidence as to salvage. They had a consultation and arrived at their decision on practically independent estimates. On these findings the case did not seem to him to come within measurable distance of a case where one half of the property had been given for salvage work. He had therefore to award a liberal reward for services rendered as defined by the foregoing answer. With regard to the boat's crews for special services the award would be $1,000-the chief officer, two journeys, $500; two sub officers, one journey each $130; crew, including the passenger who rowed, and he thought one of the orew of the Akashi" who rowed, $200; those who went both journeys to get two shares. The number was not quite certain, but he thought they could be ascertained. That was about $10 to $12 per man each journey, or nearly a day's pay. The captain and orew for general service were awarded $1,500, the captain to have $500 and the officers and orew $1,000 pro rata, the chief officers and other deck officers to rank socording to their respective grades. The bravery question having been disposed of, the only question was as to the risk to the ship and the delay. He had to take into consideration the fact that some of the consignees had been paid half value. The Assessors were of opinion that $2,500 for the services would be very am- ple. Reducing this to $1,500 the owners would
THE HONGKONG WEEKLY PRESS AND
(September 14, 1908.
still get more than that amount The award | ward with regard to this; nor-could -it he would make was $4,000 which the Assessors have been. The only thing that could be considered very liberal. Of this the plaintiffs ordered, therefore, was an account in which would pay their proportion, which could be the credits, which were properly Lonng King worked out. He was of opinion that the Wo's credits, would be set against the detention of the treasure was unlawful, and amounts of the two items of olaim. Heʻlad that the damages must be equivalent to the looked through the sccounts with Mr. Cobden, sam which the interest would amount to and they had been unable to trace any account at eight per cent on the quantity of treasure of of commission to which Leung King Wo the plaintiffs' retained. One point had not been would have been entitled, His guarantor argued. The captain of the "Akashi" was the must have the benefit of them, if they could real alvor of the treasure, It was clear that be ascertained. With regard to the benefit the crews from their own story could not have of securities they also must be sold, and the lved it, and if the treasure had not been salved proceeds brought to credit. Mr. Shung said there would have been no action. The assesors he valued the scrip remaining in the agreed with him in thinking that the captain of hands of the bank at between 15,000 and the "Akashi" ought to receive some recognition 18,000 taels. His Lordship did not know of his services. He did not think he had power how this could be so, sing that they to include him in the award, but if the admitted that they held, for dxample, 290 shares parties agreed be proposed to increase the award in the bank itself on account of Leung King by $500 for the captain of the "Akashi" making Wo's estate, although these appeared to stand in it in all $4,500.
different people names. He had power to order the sale of the shares comprised if sxhibit 62 because the matter had been brought within his jurisdiction, and he, therefore, so ordered. Bat he had no power to order the disposal of any balancs remaining in favour of Leung King Wo's estate, nor of any shares remaining unsold. of opinion, however, that" all 'the in the costs incurred by the defendant action should be paid out of the proceeds, if any remaining, and he so ordered. Judg meat would be for the defendant on items 1, 2 and 5; and an order would be made for sá account to be taken with regard to items 3 and 4.
These items were :—
Mr. Slade moved for judgment. On recovery of the treasure they would pay the amount.
Sir Henry Berkeley submitted that what should be done was to deprive the salvors of their costs. They should not be made to pay costs, the effect of which would be to deprive them of all award. The question of dosta was one entirely in the discretion of the Court, and he submitted that in a case of this kind the costs of all parties should be borne out of the fund.
Mr. Slade-It is our fand, therefore they would be borne by us.
Sir Henry Berkeley-The fand happens to be their property, but the costs should be borne out of it, as but for our exertions it would have been lost. In the circumstances, if we have to pay the costs we get nothing.
Mr. Blade The question of tender, of course, will be taken into account. We made a formal tender wbiob, according to your Lordship's judgment, has been held to be ample. They did not merely demand a little more, but they demanded something like three times the amount. The question of tender was one of peculiar importance in comparison with their demand. His Lordship would bear in mind that any payment of costs, as his learned friend ingenio sly put it, out of the fund, would mean by them, as it was their money.
His Lordship entered formal judgment for plaintiffs and reserved his decision on the question of costs.
IN ORIGINAL JURISDICTION.
CLAIM FOR OVER $300,0^0. His Lordship delivered a lengthy judgment in the case in which the Imperial Bank of China sued Leung Shui Kong to 8346,045.65, money due and compound interest at a rate of eight per cent at half-yearly rates upon the various items composing the claim.
recover
Mr. H. E. Pollock, K C., instructed by Mr. H. J. Gedge (of Messrs, Johnson, Stokes and Master) represented the plaintiffs, and Mr. M. W. Slade, instructed by Mr. F. P. Helt (of Messrs. Brutton and Hett) the defendants.
a
His Lordship, in the course of his judgment, remarked that the peculiar features of this case continued down to the very end. The bank had a considerable cumber of securities of Leung King Wo's in their hands, and they had not set off the proceeds of such as had been sold against the claim, nor had they offered to do e, though there were certain number of dividend warrants in the list. What they had done was this: they had got a liquidation account made out against Leung King Wo (deomased) and had performed a series of transformations by adding to the two overdrawn accounts ($15.747.79 and 89,472,42) a series of other amounts transferred from oter accounts, and had utilised the proceeds in band by setting them off against these. These other items came within his Lord- ship's ruling as to the non-reception of evidence, but they were not sued upon; for the debit of that account was $120,623.37, and the only ex- planation was that if these accounts were what they professed to be, this amquat should have been sued for. But as it was not, there must be so much uncertainty about them or the claim, that they were not what they seemed to be. The credits from realisation of Leang King Wo's property must therefore be set against the claim. The argument based on the doot ize of appropriation was not put for
He was
1. $186,998.85 the balance standing to the credit of the current account of the new Const Defence Subscription office, which balanos thé plaintiff was compelled to pay to that office, and the said sam had been wholly lost to the plaintiff.
2. $10,606.79 the balance standing to the credit of the current account of the Telegraph Commercial Office.
3. $65,444.75, claimed as admitted by Loung King Wo, in a secret book of account which he caused to be kept for his own private purposes, to have been due and owing by him to the plaiatifr.
4. $13,550.82, claimed on the same ground'as item 3.
5. 869,444 44, which (in the form of 50,000 Shangbai taels) was advanced to Leang King Wo by the head office for the purpose of being used as capital in the Tientsin branch. This was claimed because it was subsequently appro- priated by Leung King Wo to his own priva e parposes.1
His Lordship said, with regard to the costs of the action, that the defendant was entitled to them except with regard to items 3 and 4. In that case, as it would be quite impossible to arrive at the amount of costs properly attribut able to these two items, his Lordship ordered that in the event of anything being found dus by the defendant to the plaintiffs upon them, the Registrar would report to him what lumpsum would be sufficient to award to the plaintiff in res- pect of these two items, treating them sa onsitem
CORRESPONDENCE.
THE BISHOP HOARE MEMORIAL,
[TO THE EDITOR OF THE DAILY PRE88-"]
September 7th. FI8,-We shall be glad if you will allow us, through your oplumas, to inform the subscribers to the above Memorial that the window which it has been decided to place in the Sɔuth Trak- cept of 8. John's Cathedral, in memory of the late Bishop Hoare, is now in course of erection.
At the request of the Mamorial Committee, His Excellency Sir Frederick D. Lagard, K.C. M.G., has kindly consented to unveil the window. The ceremony will take plaos during the usual morning service (at "11 a.m.) on Sunday, 20th inst, the Sunday nearest g the second anniversary of the Bishop's death, which took place in the typhoon of September 18th, 1906.
We are, &o,
J. M. ATKINSON, G. A. BránʊnT, F. T. JOHNSON.
Hon. Secretaries, Bishop Hoare Memorial- Committee.
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