VICE ADMIRALTY COURT, SYDNEY.

Otago Daily Times, Issue 849, 10 September 1864, Page 4

VICE ADMIRALTY COURT, SYDNEY.

SHIP PRINCE CONSORT. —THE ILLAWARRA STEAM NAVIGATION COMPANY V. JAMES BAINES AND OTHERS. This case, which commenced on Monday and la-ted tbe whole of that and the three following days, was resumed and concluded. It was a suit against the owners of the ship Prince Consort (Messrs James Baines and Co,, of Liverpool) for salvage. The amount originally claimed was L 5,000, and the ship had been arrested for this sum, but it was subsequently reduced to L 2.500. L6OO was paid into court on the part of the shipowners as sufficient to compensate for the services rendered. Sir William ft/fanning, Q.C, and Mr Stephen appeared for the claimants j and Mr iiarvall, Q.C, and Mr Milfor'd for the shipowners. ■ ' - The Prince Consort was a first-class ship. Oi 1,200 tons burthen, belonging to what is calied "the Black Ball Line," and commanded by Captain Acheson. She left Brisbane for Newcastle early in June last, with a quantity of railway iron (about 400 tons), which was to be landed afc the latter port. The licht on " Nobby's•" was made out early on the morning o Thursday, the 9;h June. Ifc came on to blow very hard, however, and the ship was hauled off the land. The gale increased, and she was kept to sea wish reduced canvas. (In Sunday, the 12th of June, she was found to l.'aye got; so far to fche south thafc she was then twenty-four miles to the southward* of Sydney Heads, and bufc two miles off the land At this time ifc fell a dead calm, aiid there was risk: of the ship drifting ashore. An anchor was let go, and the chain cable pahl out to the very end of it. It was found that the ship dragged i his anchor, and another was let go. A very heavy sea was running, and the ship labored much. To ease her they cut away her topmasts. Apprehensions Ivere still felt that the cables misht not hold, and that she might go ashore. Her boats were therefore got ready. After some time fhe starboard cable parted, and she began to drag her remaining anchor. The ship rolled very heavily; and after a time her mainmast went by the board, carrying with it the quarier-boat, in which the crew bad stowed their clothing preparatory to escape from the ship in case of extremity. The loss of the' mainmast somewhat eased the ship, but she still laboured heavily. There were four passengeis ou board, two of whom were elderly females, one, it was said, about eighty. The vessel remained in this position until Tuesday, 14<h June, when it was proposed to leave her in the two life-boata. The passengers were put into one of the boats, and two or three seamen were sent to keep the boats clear as they towed astern. Before fche -captain, ai/dcrew had taken to the boa fs the steamer .-Hunter, belonging to the plaintiffs, was seen approaching. The evidence was confining in this part of the case as to whether the passengers were got into the boats before the steamer hove in sight, kc. When the Hunter came up to the ship a warp was got from the latter to the steamer j bufc as soon as the steamer attempted to tow the ship the warp parted. The cable of the remaining anchor had not been slipped untii it should be found whether or not the-steamer had power enough to tow the ship. The Prince Consort, therefore, still remained at anchor after the parting of the warp. The captain, crew, and passengers were, however, all taken on board the Hunter, and brought to Sydney. On tbe following morning _ the steamer Kembla (also belonging to plaintiffs), with the captain and crew of the Prince Consort on board, proceeded to the latter vessel to tow her in. They reached the ship afc eleven a.m. At this time she was still riding at single anchor and within half a mile of the shore. The Kembla ranged up alongside of her. and came to an anchor in twenty four fathoms water. Two men were then found to be on board fche Prince Consort, who had been put on board of her from the scew collier Woniora on ber passage from Sydney to BullL But the claim of the latter, whatever it might amount to, was ignored.- The captain and crew of the Prince Con'-orl were put on board of her, in doing which one of the steamer's boats was stove and swamped. Bnt as to whether this was from the "perils of the sea," or from want of skill in those who managed the boat, the evidence was conflicting By three pm. three hawseis were made fast, and the cable having been slipped the Kembla commenced to tow the ship towards Sydney. The strain was heavy; there was a N.E. wind and a heavy sea setting from the eastward ; but the Kembla brought the ship in by ten p.m. She had then lost her spars, wifch the exception of her fore and mizenmasfc. The evidence as to the state of the weather, the degree of peril incurred, aud the amount of essential service rendered by the ' salvors, was very conflicting. The amount of peril to life and property w<B, it was admitted, a material [element for consideration in a case of this kind. On the one hand, it was contended thafc the services ofthe Hunter were essential to the saving of life, and were rendered with considerable trouble and at some peril to the parties concerned. On the other, that as the two elderly females, one very a°cd, had been got into the boats without difficulty before the Hunter hove in sight, the peril could not have been great, nor could the amount of skill exercised by the sailors be so. As to the service of the Kembla, the defendants'case was that the captain and crew had come to Sydney to get assistance. The salvors case was tbat the ship was abandoned, and was preserved from destruction by the steamer. It was shown that Mr Edye Manning-, one of the plaintiffs, had directed the Kembla to go to the Prince Consort, leaving the captain and crew of that vessel behind, but the latter had jumped on board and insisting on going. The captain of .the Prince Consort protested against

the Kembla going to the ship for the purpose of making her rescue a claim for salvage, but he offered to pay liberally for towage, and it was contended that the amount paid into court was more than enough to fairly compensate the plaintiffs for t.]l the services which had been rendered. The salvors defended tbe course which had been pursued as justified by the exigences ofthecase.it being the right of all parties to rescue property abandoned at sea. A great mass of evidence wus adduced on both sides- on the one hand to show an abandonment of the ship, and her recovery by the salvor.*- by the exercise of great skill and energy and afc considerable peril; on fche other hand to rebut the presumption of abandonment, and to show thafc, although the case was, under the circumstances, one of salvage, the amount paid into court wns sufiicient to compensate liberally for the services rendered. All this evidence was also elaborately argued upon hy counsel. His Honor reserved judgment.— S. M. Herald