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pair. But no sufficient evidence is adduced to prove the loss alleged and the compensation for the deprivation of use must be computed according to the ordinary rule of demurrage at 4d per ton gross tonnage, that will be for 894 tons, the Newchwang's gross tonnage, a sum of £774/16/0 for fifty-two days. According to the account of Farnham, Boyd & Co., Ltd., for executing repairs, the amount of those repairs was Taels 19,251.10, i. e., £2,401/7/6. As to the interest, it appears in the evidence that a communication was made to the Department of State by the British Embassy at Washington in relation to this matter. (British Memorial, p. 61), but as a copy of that communication has not been produced the Tribunal is not in a position to say whether or not it was an official presentation of this claim, or to ascertain the date of the communication, and consequently the Tribunal is unable to decide on the question of interest.

FOR THESE REASONS

The Tribunal decides that the United States Government shall pay to the British Government the sum of Three thousand one hundred and seventysix pounds, three shillings and six pence (£3,176/3/6) on behalf of the China Navigation Company, Limited, owner of the S/S Newchwang.

The President of the Tribunal,

HENRI FROMAGEOT.

IN THE MATTER OF THE KATE

CLAIM No. 28

Decision rendered December 9, 1921

This is a claim presented by His Britannic Majesty's Government for $4,044.75 and interest for damages for the seizure and detention of the ship, cargo, officers and men of the British schooner Kate by the United States steamer Perry on August 26, 1896.

The Kate, a schooner of 58.11 tons gross, was a British ship registered at the Port of Victoria, B. C.; her owners were Henry F. Bishop and Samuel Williams, native British subjects, and Otto F. Buckholz, a naturalized Canadian, having been born in Germany. By charter party dated December 20, 1895, the Kate was chartered for the full season of 1896 for a sealing voyage in the waters of the North Pacific Ocean and Behring Sea by Carl G. Stromgren, a naturalized Canadian, having been born in Sweden; Emil Ramlose, also a naturalized Canadian, having been born in Denmark, and James Cessford, a native Canadian. Under the terms of the charter party, the charterers had to provision and equip the vessel, and one-fifth of the entire catch of skins for the season was to be paid to the owners. (British Memorial, pp. 4, 21, 22.)

On January 15, 1896, the Kate left the Port of Victoria, B. C., and sailed on her sealing voyage in the North Pacific Ocean. She was manned by Stromgren as master, Ramlose as mate, and Cessford as second mate, and four seamen and twenty-five Indians (British Memorial, pp. 23, 24), and had twelve canoes (British Memorial, p. 9).

On August 23rd, an officer from the United States cutter Rush boarded the Kate and overhauled the skins. (British Memorial, pp. 3, 24.)

On August 26th, 1896, the Kate, while in Latitude 57° 33′ N., Longitude 172° 53′ W., was boarded by an officer from the United States Revenue Cutter Perry, and seized, and the following entry was made in her log book:

Seized this day the British schr. Kate for having on board two (2) fur seal skins bearing evidence of having been shot in Behring Sea. (British Memorial, p. 25.)

At the same time the Captain of the Perry gave the master of the Kate a document (British Memorial, p. 6), reading as follows:

U. S. Revenue Cutter Service, Steamer 'Perry,'
Port, At Sea, Lat. 57.33 N., Long. 172.53 W.
August 26, 1896.

I, H. D. Smith, a captain of the Revenue Cutter Service of the United States, commanding the United States steamer 'Perry,' declare that the British schooner 'Kate' of Victoria, whereof Stromgren is master, was this 26th day of August, 1896, boarded by Lieutenant F. J. Haake, R. S. C., who reported to me that said vessel had contravened the provisions of the Behring Sea Award Act, 1894. The following evidence, found upon search, is relied upon to prove such violation of law:

The aforesaid British schooner 'Kate' was found cruising within the area of the Award on the date given, namely, August 26, 1896, in Latitude 57.33 N., Longitude 172.53 W., from Greenwich, having on board two (2) fur seal skins bearing evidence of having been shot in the Behring Sea.

Having reason to believe, from the evidence cited, that the aforesaid British schooner 'Kate' had contravened the Behring Sea Award Act, 1894, in the following particulars, to wit: In having on board two (2) fur seal skins bearing evidence of having been shot in Behring Sea in violation of said Act and Article 6 of the Regulations of the Paris Award, incorporated in said Behring Sea Award Act, 1894, I have this day seized the aforesaid British schooner 'Kate,' her tackle and cargo, by authority of said Act and Ordersin-Council issued thereunder.

H. D. SMITH,
Captain, R. S. C.,
Commanding.

The Perry took the Kate in tow and on August 29, 1896, arrived in Dutch Harbor at Unalaska, and a few hours later the master of the Kate was informed that she was released by order of the United States Commanding Officer of the Behring Sea Patrol, and the following entry was made in her log:

Released this day the Br. Sch. 'Kate' by order of Capt. C. L. Hooper, Commanding Behring Sea Patrol; she not having any guns on board.

pair. But no sufficient evidence is adduced to prove the loss alleged and the compensation for the deprivation of use must be computed according to the ordinary rule of demurrage at 4d per ton gross tonnage, that will be for 894 tons, the Newchwang's gross tonnage, a sum of £774/16/0 for fifty-two days. According to the account of Farnham, Boyd & Co., Ltd., for executing repairs, the amount of those repairs was Taels 19,251.10, i. e., £2,401/7/6. As to the interest, it appears in the evidence that a communication was made to the Department of State by the British Embassy at Washington in relation to this matter. (British Memorial, p. 61), but as a copy of that communication has not been produced the Tribunal is not in a position to say whether or not it was an official presentation of this claim, or to ascertain the date of the communication, and consequently the Tribunal is unable to decide on the question of interest.

FOR THESE REASONS

The Tribunal decides that the United States Government shall pay to the British Government the sum of Three thousand one hundred and seventysix pounds, three shillings and six pence (£3,176/3/6) on behalf of the China Navigation Company, Limited, owner of the S/S Newchwang.

The President of the Tribunal,

IN THE MATTER OF THE KATE

CLAIM No. 28

HENRI FROMAGEOT.

Decision rendered December 9, 1921

This is a claim presented by His Britannic Majesty's Government for $4,044.75 and interest for damages for the seizure and detention of the ship, cargo, officers and men of the British schooner Kate by the United States steamer Perry on August 26, 1896.

The Kate, a schooner of 58.11 tons gross, was a British ship registered at the Port of Victoria, B. C.; her owners were Henry F. Bishop and Samuel Williams, native British subjects, and Otto F. Buckholz, a naturalized Canadian, having been born in Germany. By charter party dated December 20, 1895, the Kate was chartered for the full season of 1896 for a sealing voyage in the waters of the North Pacific Ocean and Behring Sea by Carl G. Stromgren, a naturalized Canadian, having been born in Sweden; Emil Ramlose, also a naturalized Canadian, having been born in Denmark, and James Cessford, a native Canadian. Under the terms of the charter party, the charterers had to provision and equip the vessel, and one-fifth of the entire catch of skins for the season was to be paid to the owners. (Briti Memorial, pp. 4, 21, 22.)

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The Kate remained at Unalaska August 30th, and while there the master of the Kate prepared and sent through the Commander of H. M. S. Satelite to Captain Hooper a protest in writing claiming compensation for all loss from the time the Kate was absent from the sealing grounds, until she arrived back again. (British Memorial, p. 26.)

On the following day, August 31, the weather being calm, the Kate was towed out from Unalaska by H. M. S. Pheasant. "On 3rd September, 1896, the sealing grounds having been reached" (British Memorial, p. 8, sec. 27), the Kate took 21 seals; on September 5th, 7 seals; on September 6th, 9 seals; on September 7th, 20 seals; on September 8th, in approximately the locality where she was seized by the Perry on August 26th, she took no seals, and on September 9th, she took 41 seals.

The Government of His Britannic Majesty, on behalf of the charterers and the crew of the schooner Kate, claim damages on account of the seizure of the said schooner, contending that it was illegal and without reasonable cause, or any justification whatsoever, and that even had the detention of the vessel been justified owing to circumstances showing guilt, she should have been delivered to the British naval officer at Unalaska, or in his absence taken to Victoria. (British Memorial, pp. 11, 12.)

The United States Government, on the other hand, denies all liability; first, because its officers were acting on behalf of the British Government and not of the United States Government; second, because there was a bona fide belief that an infraction of the Behring Sea Award Act, 1894, had been committed; third, because the senior naval officer in command of the American fleet, in ordering the release of the Kate, did so as a matter of grace and favor, and the release of the vessel is not proof that the seizure was unjustifiable; and fourth, because there is no basis in law or in fact for the measure of damages. (United States Answer, p. 2.)

I. As to the legality of the seizure and liability of the United States:

The authorities cited in the declaration of the captain of the Perry in making the seizure of the Kate, were article 6 of the Regulations of the Paris Award, and Behring Sea Award Act of 1894, and the orders-in-council issued thereunder.

Article 6 of the Regulations provides:

The use of nets, firearms and explosives shall be forbidden in the fur seal fishing. This restriction shall not apply to shotguns when such fishing takes place outside of Behring's Sea during the season when it may be lawfully carried on. (United States Answer, p. 22.)

The Behring Sea Award Act of 1894 put into operation the Regulations of the Paris Award, and also provided in section 3, paragraph 3 thereof, that

An order in council under this act may provide that such officers of the United States of America as are specified in the order may, in respect of

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