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Colonial Cases

The Sin Yung Ta v. The Norna, 1871

[shipping, collision]

The Sin Yung Ta v. The Norna

Supreme Court of China and Japan
4 August 1871
Source: The North-China Herald, 11 August 1871

 

LAW REPORTS.

H.B.M.'s SUPREME COURT.

August 4th.

IN ADMIRALTY.

Re the Norna.

 

      Report of the Registrar and Merchants upon the claim of the Chinese junk Sin-yung-ta against the British steamship Norna, in respect of the collision by which the latter vessel sank the former on the 15th May 1871, and for which she was condemned in damages by the Court of Vice-Admiralty at Shanghai on the 18th of July, 1871.

   We find the following to be the damage sustained:-

  1. Value of junk,

The claim is for Tls. 4,100, but on a review of the whole of the evidence we think the fair market value is the sum we have allowed.

Tls. 3,600.00

  1. - Value of cargo,

We have made no alteration on this part of the claim.  The quantities have been verified by the books and vouchers handed in by plaintiffs; and the alleged values are fully borne our by their evidence.  The evidence offered by the defendant as to prices, being unsupported by any market or price list, has been thrown aside.  This being the probable selling price at the port of destination, the items of Tls. 48.20 and Tls. 278.56, for boat and coolie hire and Customs charges, are struck out.

  1. Copper cash on board, Tls. 46.66.
  2. Value of effects of master Tls. 27.92.

      Value of effects of supercargo,  62.72, 90.04.

There is no precise evidence of these values, but the amounts do not seem excessive and they have been allowed to stand.

  1. Compensation to family of drowned man, Hocking, Tls. 100.00.

This sum is allowed, but on the understanding that it is to remain in the Registry until a formal claim is made (supported by sufficient proofs) by the wife, parent or child of deceased, or other relative peculiarly interested in his earnings.  If no such claim is forthcoming within six months the sum is to be returned top the defendants.

Tls. 10,557.37.

 

Interest at the rate of 10% from 1st June till day of payment will be allowed.

G. JAMIESON, Acting Registrar.

J. F. THORBURN, JOHN MORRIS, Merchants.

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