A SALVAGE CLAIM

Dominion, Volume 10, Issue 3196, 21 September 1917, Page 7

A SALVAGE CLAIM

STRANDING OF A BARQUE CASE IN ADMIRALTY DIVISION His Honour the Chief Justice (Sir Robert Stout) yesterday _ heard a claim for salvage arising out of the stranding of a barque on June IS on the rocks near tho eastern side of the entrance to Port Nicholson. The claimants tiwe tho U.S.S. Co., as owners of tho tug Terawhiti, nnd E. G. F. Zohrab, as owner of the Karaka and the Admiral. Tho claim was against the ship and her cargo. Messrs. T. M. Wilford nnd P. Levi appeared for the U.S.S. Co. Mr. T. Neave for Zohrab, and Messrs. M.. Myers and L. E. Edwards for the.owners of tho stranded barquo. . Mr. Wilford said that the Union Company' claimed ,£BOOO for salvage operations performed on June 18 and 13 last. The ease was one in tho Admiralty jurisdiction, and the Union Company's action had been consolidated with a claim by Zohrab also for salvage work. While attempting to enter Port Nioholson the barquo in question got on the rocks about G p.m. At that time it was already dark, and counsel desired to emphasise the fact that the salvage was carried on in the dark. The Terawhiti was. a ,tug specially built for the functions which she performed on that night, and,.according to certain observations of Lord Justice Kennedy, it was' for the Court.to encourage, by its liberality, thoso steamers which were l built and maintained for the purpose of performing salvage services. Tho Terawhiti was part of a salvage plant that was possibly the best in any port south of tho Line. The fitst intimation that the Union Com-' pany received of the barque's stranding was contained in. a. message asking the Terawhiti to come to the rescue. The Terawhitiwent out, and her master decided to wait till daylight, finding it impossible ,to proceed with tho work in tho dark. . • Captain Walton, however, did a valuable thing in getting a searohlight from the forts to play npon the barque. Counsel wished to say, before going further, that, there could, be no question in • the case except what was a fair amount of.:.salvage money.. In regard to that question, it would be argued for tho com-pany-that there was no definite rule for assessing the salvage, it being left to the discretion- of the Court. There were, though, certain principles laid down which the Court mijfht take into, consideration. First of all, as previously suggested, there, shoultj. be ajibeual .remun-eration-to encourage and reward enterprise. - Other' poKts to be considered were: (1) The- value of tho salvaged ves-sel-and'cargo; (2) the danger and damage to the vessel and cargo; (3) the rlst and peril of the salvor; (4) the time employed; and (a) the value of the salving ship. - It was admitted by the defence that the cargo was valued at that thobarque cost 110,000 dollars to build; that she was purchased by her present owners a year ago for 375,000 dollars; that the cost of repairing her was about J>12,000; that the cost.of tho Terawhiti in 1907 was' that the cost of the Karaka in 1911 was The value of the Admiral was estimated' 1 by tiie owner at ,£2500; but that contention was not admitted by the defence. The Union. Company estimated the present value of the Terawhiti at .£25,000 at least. A civil engineer, Mr. David Blair, would give evidence that the I barque would not have been able to stand another tide, so dangerous was the position from which she was saved. The 1 work of the Terawhiti had resulted in ■ the salvage of about .£161,000 worth of ; ship and ' Mr. Neave said that he adooted Mr. \ Wilford's submissions as to the guiding ' principles in assessing the amount that should -be awarded. He' claimed that 1 his client was entitled to ,£2500 for his 1 share in the salvage work. J After several witnesses had bee;). heard; ' the case was adjourned till to-day. j