A HEAVY CLAIM

Dominion, Volume 10, Issue 3197, 22 September 1917, Page 9

A HEAVY CLAIM

SALVAGE OR TOWAGE?

STRANDING OP A BARQUE

His Honour the Chief Justice, Sir thobert Stout, yeaterday resumed the hearing of the Salvage claim which arose out ■of the stranding of a barque on June 18 on the rocks near tho eastern' side of the entrance to Port Nicholson. Tiie claimants were tho Union Steam Ship .Company, as owners of tho tug Terawhiti, and E. 6. ]?. Zohrah, as owner of the Karaka and the Admiral. Messrs. T. 11. rtVil'ord and P. Levi appeared for the [Union Company, Mr. T. Neave for Zob!rab, and Messrs. M. Myers and L. E. Qsdwards for the defendants, the owners cf the stranded barque. The Union 'Company's claim amounted to ,£'Booo an 3 2ohrab's to .£2500. Yesterday the Court entered upon tlis ihearing of the defence, which disputed that the claimauts were entitled to the amounts they nskod for. After a considerable' amount <>i evidence had been hoard, tho case was again adjourned. In the course of his ovidence, Mr. TV. X. Kennedy, loori manager of the Union Steam Ship Company, Ltd., said that ever a period of a year the monthly average expenditure in connection wiw ihe Terawhiti was .£225 (excluding insurance, depreciation, etc.), and tho average monthly earnings .£95. RoferrtaK 'to assistance rendered to vessels other "inn those of tho company's fleet, Mr. Kennedy gave some interesting figures. For assistance to tho Kaipara tho company sreceivea .£9500 and J10» daily for tho time the Terawhiti was away from Wellington. For tho Indrabanih ifil2,4So was paid, including for the Terawhiti, tho balance being for the hire of gear and plant and tho services of a special Balvage crew. For the Star of_ Canada, ■which was hardly a salvage job,, the amount paid to the company was =£7760, 'including .£5025 hire of the T«rawhtti. ffhe Terawhiti was built with a view to the company's interests, but also, as 'there-was no properly equipped salvage tug in New Zealand, for the purpose pf being of service to other ships. ■ Evidence as to the position of the stranded barque was given by J. AY. ITrirn, A.8., and the helmsman on the Terawhiti, who said that the barque Might have been "alive," but eho was certainly not "afloat." This meant that ■the ship was on tho rooks,, and might he heaved lip by the sea. John Rankin, chief engineer of the Terawhiti, said that there wero rocks ahead, abeam, and astern of the Terawhiti—all round her, in fact. From i.ib a.m. to 5.33 a.m. tho Terawhiti was doing all she could to get tho vessel off. Captain Corich, master of tho Ing Yα•raka, said that tho Knraka, which was undoubtedly in danger, "stood by" all sight. She remained by tho ship until it became too perilous to do eo, and then ran across and dropped anchor, watching the barque all night waiting for a pre-arranged signal—a blue light— should the crew want to leave the ship. When the towing or "plucking" operation commenced, the Karaka was en hand. Captain W. White, captain of the tug 'Admiral, also pave evidence as to tho services rendered by his vessel. Opening the case for the defence Mr. Myers said that there had been exaggeration on the sido of the claimants, and that most of the witnesses wore personally interested as being likely to share in any sum which was allowed to the men. It was something moro than a towage claim. It was.somewhat curious that the only Admiralty case which ever went to the (Privy Council from the Courts of New Zealand was a case where the services were rendered at a point within a mile or two of the spot where the barque was stranded. It was held in that case ihat the services were merely towage. Even if it were held that in this case the services rendered were salvage, he would contend that the claim was grossly extravagant and ■ exaggerated, and even if there were salvage very little more should be allowed than towage rates.. The talk of "grave risk" by tho Terawhiti and tho Karaka was'tall raoonfihine. If any risk were run at all, and that would not be admitted, it was by the Admiral on her first visit. Having deducted tho amount of for repairs, the value of the ship and cargo was £125,000, and he submitted that it "was this value which had given rise to the heavy claim. There had been i.o clanger to life on the barque, and although according to some witnesses the sea was so frightfully rough, yet there was no trouble in launching a boat from the barque and transferring the enplain's wife and baby to the Terawhiti. No doubt up till 1 a.m. on the 19th (when the wind changed) the barque was in considerable peril. While the wind wag southerly the Terawhiti did not go near her. He. would ehow that all the time the barque was in danger the Terawhiti kept well away. ■ The service rendered bv the Terawhiti was rendered after the peril was past, and the eerrice thus became towage. The case stands adjourned.