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Colonial Cases

The Glenfruin and the Camorta, 1886

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The Glenfruin and the Camorta

Supreme Court, Hong Kong
Russell ACJ, 23 June 1886
Source: North China Herald, 2 July 1886

SUPREME COURT.                        HONG KONG
Hongkong, 23rd June.
Before the Hon. J. Russell, Acting Chief Justice.
IN ORIGINAL JURISDICTION.
THE "GLENFRUIN" and "CAMORTA" Case.
  The Acting Attorney-General (Hon. E. J. Ackroyd) applied to his Lordship, on behalf of the Netherlands India Company, the then owners of the Camorta in the above suit, for judgment on an application made to his Lordship with respect to that case.  It was a matter which his Lordship had taken time to consider before giving judgment upon.  He had drawn up a decree for his Lordship's approval.
  His Lordship said he was prepared to giver judgment in those terms.  He had only been in some doubt as to his power to give judgment in those matters, but he was now satisfied.
  The decree was to the following effect.
  This cause coming on for hearing or further consideration this day before the Hon. James Russell, Acting Chief Justice, and upon hearing the Hon. E. J. Ackroyd, a counsel for the said defendants, the said plaintiff not appearing, and having heard and read the affidavit of Charles Walter Richards and the decree made in the suit on the 6th day of April in the present year, and it appearing that in pursuance of the said decree a sum of $106, 316.18 has been paid into Court to the credit of this suit by the owners of the steamship Camorta;
  This Court doth order and decree that inquiries be made what persons are entitled to claim against the plaintiffs as owners of the said steamship Camorta in respect of the collision on the 17th day of October, 1885, between the said steamship Camorta and the steamship Glenfruin in the harbor of Hongkong, or any loss or damage occasioned thereby, and for what amounts respectively, and let, for the purposes of such inquiry, advertisements be published in the following papers, viz. - The Shipping and Mercantile Gazette, "Lloyd's List," and The Times, in London; The New York Maritime Register, during the second week in August, the second week in September, and the last week of October of this year; and in the North China Daily News and the Hongkong Daily Press during the first two weeks in July and the first week in  December in this year, for all persons claiming against the plaintiffs in respect of or in consequence of the said collision, and let Friday, the 31st day of December, 1886, be the day fixed by which all claims against the said sum shall be filed in the Registry of this Court, and let the Registrar, as soon as may be thereafter, proceed to ascertain and assess the amount of damages of the respective claims.
  And further this Court doth order that underwrites of cargo laden on board the said steamship Glenfruin be at liberty to claim in respect of the loss of such cargo in lieu of the owners hereof, or any of them.  And further that the plaintiffs be r to pay the costs of the defendants in this suit, and the costs of the reference aforesaid.  And this Court doth make order that the further consideration of this cause be adjourned, and any of the parties are to be at liberty to apply as they may be advised. - Daily Press.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School