✨ Vice-Admiralty Court Cases
Mar. 5.] THE NEW ZEALAND GAZETTE. 429
accordingly, at the risk of straining his vessel, he gave a
strong click in a northerly direction and got the “New-
castle” off.
-
The master of the “Emu” then asked if the “New-
castle” was making water, and was told a little only; but, as
he saw that the hands were at the pumps, he kept the
“Emu” by the “Newcastle” until she was abreast of
Whitby. He then inquired again if any assistance was
wanted, and, being told that the “Newcastle” was all right
and should proceed on her voyage, he steamed the “Emu”
back into Whitby Harbour about 7 a.m. -
About 8 a.m. a gale from N.E., which continued all that
day and the next, came on to blow, with a high sea. If the
“Newcastle” had not been got off before the gale came on
she would have gone to pieces on the rocks. -
By the services aforesaid the “Newcastle” and her
cargo, and the lives of those on board her, were saved from
total loss. -
The “Newcastle” is a screw steamship of 211 tons
register, and was bound from Newcastle to Hull with a gene-
ral cargo and 19 passengers. The value of the “Newcastle,”
her cargo, and freight, including passage-money, is as fol-
lows: The “Newcastle,” £3,000; her cargo, £1,500; freight
and passage-money, £65: in all, £4,565.
The plaintiffs claim—
(1.) The condemnation of the defendants [and their bail]
in such an amount of salvage remuneration as to the
Court may seem just, and in the costs of this action;
(2.) Such further and other relief as the nature of the case
may require.
Dated the day of , 18 .
(Signed) A.B., &c., Plaintiffs.
ANSWER.
In the Vice-Admiralty Court of .
[Title of Action.]
-
At about 6.45 p.m. on the 22nd of July, 1876, the iron
screw steamship “Newcastle,” of 211 tons register, propelled
by engines of 45-horse power, and manned by twelve hands,
her master included, whilst proceeding on a voyage from
Newcastle to Hull with cargo and passengers, ran aground
off Kettleness Point, on the coast of Yorkshire. -
The tide at this time was the first quarter ebb, the
weather was calm, and the sea was smooth, and the “New-
castle,” after grounding as aforesaid, sat upright and lay
quite still, heading about E.S.E. Efforts were then made to
get the “Newcastle” again afloat by working her engines,
but it was found that this could not be done in the then
state of the tide. -
At about 10 p.m. of the said day a kedge with a warp
attached to it was carried out from the “Newcastle” by one
of her own boats and dropped to seaward, and such warp was
afterwards hove taut and secured on board the “Newcastle,”
with the view of its being hove upon when the flood-tide
made. Several cobles came to the “Newcastle” from Runs-
wick, and the men in them offered their assistance; but their
services, not being required, were declined. -
At about 2 a.m. of the following morning the steam-tug
“Emu,” whose owners, master, and crew are the plaintiffs in
this action, came to the “Newcastle” and offered assistance,
which was also declined. -
The flood-tide was then making, and by about 2.45 a.m.
the “Newcastle” had floated forward, and attempts were
made to get the stern of the “Newcastle” also afloat, and
the warp attached to the aforesaid kedge was attempted to
be hove in; but, the said warp having parted, the master of
the “Newcastle” endeavoured ineffectually to make an
agreement with the master of the “Emu” to assist in get-
ting the “Newcastle” afloat, and at about 3 a.m. a rope was
given to the “Emu” from the port bow of the “Newcastle,”
and directions were given to the “Emu” to keep the head
of the “Newcastle” to the eastward, in the same way as it
had been kept by the aforesaid kedge anchor and warp. The
“Emu” then set ahead, and almost immediately the said
rope was broken. A coir hawser was thereupon given to the
“Emu,” and those on board her were directed not to put any
strain on it, but to keep the “Emu” paddling ahead suf-
ficiently to steady the head of the “Newcastle,” and to keep
her head to the eastward. This the “Emu” did and con-
tinued to do until about 4.45 a.m., when the “Newcastle,”
by means of her own engines, was moved off from the
ground, and the “Emu” was brought broad on the port bow
of the “Newcastle,” and the “Emu” had to stop towing and
to shift the rope from her port bollard, where it was fast to
her towing hook; but, the “Newcastle” continuing to go
ahead, the said rope had to be let go on board the “Emu,”
and it was then hauled in on board the “Newcastle.” The
“Newcastle,” under her own steam, then commenced pro-
ceeding south, the wind at the time being N.N.W. and light,
and the weather fine. It was afterwards ascertained that
the “Newcastle” was making a little water in her afterhold,
and her hand-pumps were then worked and they kept the
“Newcastle” free. -
The “Emu” proceeded back with the “Newcastle” as
far as Whitby, and the “Newcastle” then continued on her
voyage, and arrived in the Humber at about 2.45 p.m. of the
same day. -
During the time aforesaid the master, crew, and
passengers of the “Newcastle” remained on board the
“Newcastle,” and no danger was incurred in their so doing. -
Save as herein appears, the defendants, deny the truth
of the several statements contained in the petition. -
The defendants have paid into Court and tendered to
the plaintiffs for their services the sum of £100, and have
offered to pay their costs, and the defendants submit that
such tender is sufficient.
Dated the day of , 18 .
(Signed) C.D., &c., Defendants.
(3.) In an Action for Distribution of Salvage:
PETITION.
In the Vice-Admiralty Court of .
[Title of Action.]
Writ issued , 18 .
-
[Describe briefly the salvage services, stating the part
taken in them by the plaintiffs, and the capacity in which
they were serving.] -
The sum of £ has been paid by the owners of
the ship, &c. [State name of ship or other property saved],
to the defendants, as owners of the ship [State name of
salving ship], and has been accepted by them in satisfaction
of their claim for salvage, but the said defendants have not
paid and refuse to pay any part of that sum to the plaintiffs
for their share in the said salvage services.
The plaintiffs claim—
(1.) An equitable share of the said sum of £ , to be
apportioned among them as the Court shall think fit,
and the costs of this action;
(2.) Such other relief as the nature of the case may
require.
Dated the day of , 18 .
(Signed) A.B., &c., Plaintiffs.
(4.) In an Action for Master’s Wages and Disbursements:
a. (The “Princess.”)
PETITION.
In the Vice-Admiralty Court of .
[Title of Action.]
Writ issued , 18 .
-
THE plaintiff, on the 10th day of February, 1877, was
appointed by the owner of the British barque “Princess,”
proceeded against in this action, master of the said barque,
and it was agreed between the plaintiff and the said owner
that the wages of the plaintiff as master should be £10 per
month. -
The plaintiff acted as master of the said barque from
the said 10th day of February until the 25th day of October,
1877, and there is now due to him for his wages as master
during that time the sum of £85. -
The plaintiff as master of the said barque expended
various sums of money for necessary disbursements on
account of the said barque; and there is now due to him in
respect of the same a balance of £35 7s.
The plaintiff claims—
(1.) A decree pronouncing the said sums, amounting in the
whole to £120 7s., to be due to him for wages and
disbursements, and directing the said vessel to be sold
and the amount due to him to be paid to him out of
the proceeds;
(2.) Such further and other relief as the nature of the case
may require.
Dated the day of , 18 .
(Signed) A.B., Plaintiff.
b. (The “Northumbria.”)
PETITION.
In the Vice-Admiralty Court of .
[Title of Action.]
Writ issued , 18 .
-
In or about the month of July, 1873, the plaintiff was
engaged by the owners of the British ship “Northumbria”
to serve on board her as her master, at wages after the rate
of £13 per month, and he entered into the service of the said
ship as her master accordingly, and thenceforward served on
board her in that capacity and at that rate of wages until he
was discharged as hereinafter stated. -
When the plaintiff so entered into the service of the said
ship she was lying at the Port of North Shields, in the County
of Northumberland, and she thence sailed to Point de Galle,
and thence to divers other ports abroad, and returned home
to Cardiff, where she arrived on the 1st day of October, 1875. -
The “Northumbria,” after having received divers repairs
at Cardiff, left that port on the 5th day of November, 1875,
under command of the plaintiff, on a voyage which is thus
described in the ship’s articles signed by the plaintiff and her
crew before commencing the same, viz: “a voyage from
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✨ LLM interpretation of page content
⚖️
Salvage Services for 'Newcastle'
(continued from previous page)
⚖️ Justice & Law Enforcement22 July 1876
Salvage, Maritime Law, Vice-Admiralty Court, Steamship, Grounding
⚖️ Answer to Salvage Claim for 'Newcastle'
⚖️ Justice & Law Enforcement22 July 1876
Salvage, Maritime Law, Vice-Admiralty Court, Steamship, Grounding, Defence
- C.D., &c., Defendants
⚖️ Petition for Distribution of Salvage
⚖️ Justice & Law EnforcementSalvage, Maritime Law, Vice-Admiralty Court, Distribution, Claim
- A.B., &c., Plaintiffs
⚖️ Petition for Master’s Wages and Disbursements (The 'Princess')
⚖️ Justice & Law Enforcement10 February 1877
Wages, Disbursements, Maritime Law, Vice-Admiralty Court, Master
- A.B., Plaintiff
⚖️ Petition for Master’s Wages and Disbursements (The 'Northumbria')
⚖️ Justice & Law Enforcement1 July 1873
Wages, Disbursements, Maritime Law, Vice-Admiralty Court, Master
- A.B., Plaintiff
NZ Gazette 1884, No 28