This is an action for remunera tion for salvage services rendered ty the str. Ardova to the calling vessel Dundonald.
By consent of the parties I sat without assessors, and though there was one point {at which' nautical skill would base been desirable and I should have been glad of advice, I have not felt unable to arri {satisfactory conclusion without it. The Ardova is a steamer of 2,971 tons'
resi and her value is to be taken for the rpos~s of the action £37,500. 'The Dundonald is " four-masted barque of 2,114 tons' register, and her value has been agreed to be £7,000. Both these vessels at the time of the service being rendered wei ballast. In latitude 28.10 N., longitude 122.51, E., about 60 miles from the coast, and 240 miles from Shanghai, the Ardova fell in with the Dundonald. At that time the Dundonald had a list of about 12 degrees to port, thestanchions between her decks were broken. and her compass was carried away to her condition I have the evidence of Mr Paulsen, Lioyd's surveyor in this port, who stated that he found her condition was not unseaworthy. She made, on sighting the Ardova, th 1 M. ¥.. which appears ito be an urgent signal, and which is request for assistance in the form of towage. She asked afterwards to be taken to Shanghai; her request was comand she was towed there by essd, the Ardowa The tow lasted 42 hours, and the distance covered was about 242 miles. At the beginning of tie tow a line was taken On board the Dundonald from the Ardovs, and no diffi joulty was expone ved in carrying out that manoeuvre, nor did the tow appear t" be Jattend-d afterwards with any serious danger or difficulty. As to the weather at the time when the two vessels fil in with lench other there is some discrepancy. think it ix " fair representation of the weather to flyd that the wind which had been considerable tind moderated, but there was atill a certain amount of swell from the north-east, During the tow the two vowels appear to have rolled " good deal ax far as Hieahau, about 45 wiles distant from the point of tow. Of er that they changed their course and the rolling decreased; finally they came under the shelter of islands, and from that time culm water was experienced. As I have already said, and I mention it again at this point, the ' tow does not appear to have been which might have rendered it so later. There is nothing in evidence before me ae to any insurance policy being vitiated by deviation, and that is therefore not a point I can' take into consideration in fixing the amount of salvage remuneration.
Now, as to the condition of the Dundonald at the time the tow commenced. She had started from Shanghai on the 25th February on voyage for Newcastle, Australia, with one thousand tons of mud and 240 tons of stone ballast. As she proceeded south the condition of the mud ballast considerably altered, probably in con sequence of frost being in the ballast when shipped. It consequently became m a much more liquifed. state and shifted. The result of the shifting of the ballast was to cause x very serious list in the vessel. Possibly the shifting of the ballast in the Pacise—the Dundonald had gone was caused by hoary weather experienced Tthink, about thousand miles eastward The effect on her of this heavy weather has been described by the witnesses for the Dundonald. She appears to have been certainly a dangerous condition, and she at onetime alist of as much as thirty degrees to port. She tarved when she got to that position, and tried to make various ports, but did mot succeed. As she was trying to make Shanghai -he met the Ardovs must now consider the evnaition of the Dundou-Id and the points in her favour and against her a. indicating the extent of the danger she was in, and the necessity in which she stood of immediate nassistauce from any vessel which came along. Her condition had undoubtedly considerably imwithstanding a succession of bed uch +8, when fallen in with iproved from thirty to about twelve degrees. Further evidence, which I am inclined to rely upon ay correct, was that her ballast was in a better state, That is shown by her list being improved. Thir-ly we have it that the ship was sen worthy, and "lo that the weather was likely t" improve. The tow itself did not show any very great ditticulty or danger in the actual carrying out of it. On the other hand we have the fact that the Dundonald wade 4 urgent signal—v. Unless shiv had, made it the Oxptain of the Ardova said h" would not have been at liberty t" assist her. as it wax not his duty to tow, but it was his duty to render salvage services Another point) wan the sm"li amount of sail she was carrying, The Captain of the Dundonald said shat the weather was moderating, and intended t make more vail 1 was some: what Into in the day for them to make more sail. Ihave the fact that she was carrying so much sail, when she ought 10 carried more, tt is clear that her 1 cap city ut that time was nor "'l that, could have been wished. he wind at the the north-enst;, she Captain ald p eposed to heat up 'o the A distance, I think, of about 160 or 170 miles from the point where she was picked up, and he would have had against him, probably the whole of that time, considerable wind. In addition to this there was a heavy list which would make it dificult to steer. This was the point upon which I should have been glad to have had the advice of nautical i on behalf of Ardova was very decided; the evidence of the Dundonald of ability to get to the Saddles was half-hearted. "I think it is very @oubtful whether she would have got to the Sdiles. Whether she would or not I have come to the eon clusion that the Dusdonald at that time was in no immediate danger, bur she probatily would have been arable to make Shanghai unassisted. Onder thes. circumstances the Ardova rendered her valuable services in taking the ship in tow and towing her 242 miles. In doing this. she went out of her way and lost a consider. able amount of time and was in the end practically out of pocket by a sum which is ureed at £325. To resume, then, valu. able service has been rendered at 10 very risk to the salvor the evidence shows, but at considerable cost to them in money. Now the covey cited to me by Mr. Hanson T have carefully looked at, but Taunt find that there is any thi like s" large a sum us £325 shown as the cost the vessel was put to in rendering the salvage servic-s which she was remuneratfor. Atthe same time these cases do assist me. In most of them the services rendered appear to have been somewhat greater, or to have been rendered to a ship ina worse condition than the Dun donald was xt the time. Under these circumstances I fix £750 as a proper sum; out of that £50 is to go to the Master and £100 to the crew according to their ratings.
Mr. Hanson—Woe have paid £750 into had court. I should ask that we should only have to pay costs up to the time of that payment into Court. We paid the exact sum in taels into Court. I don't know
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