The hearing of the case arising out of the recent fatal collision between the P. 0.0.8. Nepaul and the Chinese transport Wan-nien-ching came on for hearing this morning. The Tao-t'ai vceupied a seat on the bench, and the Court was nearly filled with Europeans and natives.
His Loppsuie having taken Lis neat, Mr. Drvscxoxp said—I appear with my friend Die. Latham for the plainti Mr. Warneweicur—I appear for the defendants, Mr. Lariam—May it please your Lordship, the petition on behalf of ihe owners William Venn Drummond, Count cause of damage cargo laden on hoard the said ship against the British steamer Nepaul her tackle apparel and furniture and against the Peninsular and 0: zation Company id steamer Nepaul interven says as follows—The Wan- ing was asorew steamer and was at the time of collision he mentioned manned by a crew of forty-the hands all told, and was also carrying 1g Seventeen or m 250 to 3u0 th money the amount of which is not yet 2.—On tie 20th day of January 1837 at about 6 a.m. the Wan-nien-ching was lying at richer near the mouth of the river Yangtsze.
he tide was about half flood and the win yas weet north west, a moderate bree:
"ho Wan-nien-ching was veering about to the wind and tide, She had two riding lights properly fixed and burning brightly and eud 10k ub wa kop!
3.—At a fow minutes past 6 a.m. there was 'a fog om the water a ateaor's whistle wns hoard on the starboard beaw. Such whistle heard once only.
The Wan-nien-ching rely replied by whist rapidly I blasts in succession whit most up to th ioned, ible the:
at considerable spews side of the Wan-nien-ching ubout he to be the Nepanil. midships cutting into her starboard boiler, ching sank shortly after number of passengers drowned 6,.—The 1d the damag to be between 70 and $0.
Josses consequent thereon are attribut the negli and improper conduct of there Nepaul. No blame i Van nien ching o And the said Will prays the Honoural Cou pronounce for the damage for and to condemn the their bail therein and in costs and to refer the amount of the said domina, ed Los to the Regi for his report grant to the plaintiff euch further or other relief the nature of the case may require, The answer of the Defeudanta is rs follows Robert Ernest Wainewright, Counsel for the Peniueular and Oriental Sterm Navigation Company, owners of the British steamship Nepaul, the defendants in this cause follows 1.—The Nepavl is a screw steamship of 1,057 95/100 tons register, with engines of G00 Yorse-power 10 Lelonging to the port of Glasgow, and at ti ces hereafter mentioned was manned by a crew of 149 hands, all told, Iadeu with a cargo of general merchandize, and on a voyage from 'Hongkong to Shanghai 2.—Shortly before 35 am, on the 20th January, 1887, licensed' pilot was proce ightebip at the mouth of the ti Yangteze heading Nor North and making between six and seven knots an hour. The wind was fresh from the Wear-north-west, jo was flood with a force of about half-a-aot an hour, and the weather was overcast and hazy, The Nepaul had all Ler regulation Tighta burning brightly and good look-out was being kept whistle of the Nepaul was hi sounded. circumstances those on ard the sharp blast of a ahead or a little on the ug that the versal from which the souud proceeded was approaching directing her course to atarbonrd the gives of the Nepand were put full speed astern and the order given to put the helm hard-r-port, but immediately after etch order and before it cull be carried out
ahead avd as this seemed to indicate " vessel ight Night suddenly came into view yearly crossing to starboard the helm of the Nepaut was ordered hard-a-starboard, Very shortly afterwards the stem of the Nepaut atruck the starboard side of w versal, which proved to be Wan-nieneching, about amideh on board the iensching 1 properly neglected to keep a proper or aufivient look-out, on board the Wan-nien-china ceted to eabibit lights or exhibit-improper wanner, Wan-new ching for some time pre and up to the time of the collision was Joped in mit or fog, and she had not, and those on board her did not duly sound before lision a proper or eutlicient bell, 7.—Thowe on board the Wan-nien ching allege, at anchor improperly Ya ate tle, 8.—The said collision was wholly caused by the. gasligenes one) wont wieewes board the Wan-nien-ching and was not in au} way caused or contributed to by the neglect or default of any person oF ws on board the Nepaul and war, #0 far ae thave on hoard the Nepaul were concerned, the result of table a any that the matt clit ocourred, and the defendanta grounds hereafter stated, constituted a loss or damage by re of the said #1 British registered ship, o ship that la to nay the anid steamship In jen ching and the defendant privity of the del tonunge of the any deduct amount to thi in respect of the exceeding £8 per tu aid three thousand, Give hundred ix tome and twelve-one-huud-
Mr. Warxewxtont—Now, are you going xive the preliminary acts?
Mr. Laruan—Yeo, Will I read th my lord?
Mr. Latiay then proceeded to read the relimninary acts which are practically emi he plendi Me. Laraan—Your Lordship is no doubt are that there have been uew regula tions made by the Vice-Admiralty Court, and it has never been decided whether thie Court is bound by these regulations, His Loxvsary—It is time enough to decide that, Mr. Davsatoxp—May it please your Lordship in accordance with Ube practice at home, and as I remarked to my learned friend yesterday, it apponrs that it is not usual to make any statement in opening these cases. The pleadings bring the case before the court, as to facts; the Counsel for the plait is will then address, the Court, and the Counsel for the defendants will follow:—This is what we will clu here, especially as the facts are not very much in dispute. There are two observations which Light make which may be useful to the Court, that the plaintiffs ara subject in case only to general maritime law, as China has never assented to the regula tious now in force in the English Gourt and therefore their regulations are not
Text read from the printed page and cleaned; old type leaves the occasional error.