"In the. preliminary act on behalf of the owners of the Hsin Da Mirg it is stated that the distance and bearing of the Atsuta Maru No. 2 when first seen were about one and 'a half miles on the port bow, but in his evidence Ho Hung Yan, Captain of the Hsin Da Ming, states Phe award "That the Satoh that the Atsata Maru No. 2 was Goshi Kaisha of Japan Atsuta "Mara No. 2 pay to the Ta Tung Steamship Ca., Ltd, of Shanghai, owners of the str, Hisin Da Ming:—41) The sum of Mex. $230,000.00 respect of the replacement value of the hull of the Hsin Da Ming and the sum of Mex, $90,- (000.00 the value of the engine and Boiler of the Hsin Da Ming.
(2) The sum of Mex. $3,159.34 Being 1/4 of Mex. $12,637.36 the value of the furniture and fittings of the Hsin Da Ming, and:
(3) Interest at the rate of 8 per cent, per annum on the above sums (which total Mex. $263,159.34) from February 18 1928, to the date of 1b miles distant, two points on the port bow, when' he blew the first short blast and saw the red and green lights quite clearly ard that then altered the course of the Hsin Da Ming half a point to the starboard. The Captain further states that he proceeded up North for ubout six minutes before he blew the next short blast. The case is further that the Atsuta Maru No, 2 continued on her course headed toward the Beaver Island Light Beacon, that when the two ships were about three-quarters of a nautical mile apart, the Hsin Da Ming again gave the next short blast referred to above and again altered her course a half point to the starboard, that the Atsuta Maru payment, (4) And that the Satoh Shokai Goshi Kaisha pay the sum of Shanghai Taels 1,750.00 in respect of the expenses of' this arbitration and the of Shanghai Taels 6,000.00 the See of the fifth arbitrate the Ta Tung Steamship shall in the first instance pay th whole or any part of the said sums Shanghai Taels 1,760.00 and Tis, 5,000.00 the Satoh Shokai Goshi Kaisha shall repay the same to the Ta Tung Steamship Ca., Ltd., on demand."
Two Abstentio No, 2 did not give any signals and did not reply to the above two signals given by the Hsin Da Ming, that as the Atsuta Maru No. 2 approached nearer her green light disappeared and only the red light remained visible when the ships. were about a quarter of a mile apart, that when the ships were about one and a half ship's length part the starboard light of the Atsuta Maru No. 2 came into view again, that three short blasts were then given by the Hsin Da Ming whereupon her engines were stopped and reversed, but the Atsuta Mara No. 2 ran down and into and sank The signing arbitrators were, Ranald George McDonald, Sterling Fessenden and William Peter Hurt, Counsel for the owners of the tr. Hsin Da Ming was Mr, Rodger, 11 Yuen Ming Yuen Road, Shanghai, and Mr. K. P. Yang, and for the owners of the Atsuta Mora No. 2, Messrs. M. Reader Harris, the Hsin Da Ming off the North Point of Beaver Island, that the collision took place at about 9.35 pam, that the Atsuta Maru No. 2 struck the Hsin Da Ming head on the port side near the port light, that the Hsin Da Ming heard no sound signals from the Atsuta Maru No. 2, that the Hsin Da Ming. was damaged only on her port side, that the collision was caused solely, award were Messrs. Rennie Tipple and Migaku Umetsu of Shanghai.
A. common ground was establish-ea by the board, "that the collision took place on the Enst side of the Yangtze River near Beaver Island fen February 18, 1928; that it was '@ark, but that the weather was clear; that both vessels were show-ug regulation lights; that the Atsuta Mara No. 2 was proceeding. down river and that the Hsin Da Ming was proceeding up river; and that the Atsuta Mara No. 2 struck the Hsin Da Ming on the port bow at an angle of about 60 degrees near the port light. Apart from these admissions "however the stories of the parties are in con-ict."
1 The case on behalf of the owners '¢f the Hsin Da Ming is shortly, "that the Hsin Da Ming was a new {{in 1927) single screw steamship, What her gross tonnage was 1,206 ons and her net tonnage 710 tons, hat she was built of steel completed on January 15, 1927 and certified as a sound and satisfactory condition on that date, that the magistered horsepower was about 750, that she was drawing about 30 ' fect of water, that the night of the accident she took ther departure from Tung Hsin Chang situated on the West Bank wf the Yangtze River opposite Beaver Island and was proceeding a small Chinese port called Xowan about five miles above Beaver Island on the East bank of the Yangtze River, that at the time collision there was a northeaster-(By wind of force 2, that the night [as dark but clear xd that the by the carelessness and negli of the Atsuta Maru No. 2 in to comply with the nay regulations and customs in force on the Yangtze River, that the Hsin Da Ming was wholly lost with her furniture and fittings, the cargo, the profit and the benefit and earnings of the said chip from February 18, 1928."
Text read from the printed page and cleaned; old type leaves the occasional error.