Vice-Admiralty Court Forms




Mar. 5.] THE NEW ZEALAND GAZETTE. 425

(2.) Salvage:

The plaintiffs, as the owners, master, and crew of the ship “Mary,” claim the sum of £ for salvage services rendered by them to the ship “Jane” [her cargo and freight, &c., or as the case may be] on the day of , 18 , in or near [State where the services were rendered]; and for costs.

(3.) Pilotage:

The plaintiff claims the sum of £ for pilotage of the ship “Jane” on the day of , 18 , from [State where pilotage commenced] to [State where pilotage ended]; and for costs.

(4.) Towage:

The plaintiffs, as owners of the ship “Mary,” claim the sum of £ for towage services rendered by the said ship to the ship “Jane” [her cargo and freight, &c., or as the case may be] on the day of , 18 , at or near [State where the services were rendered]; and for costs.

(5.) Master’s Wages and Disbursements:

The plaintiff claims the sum of £ , for his wages and disbursements as master of the ship “Mary,” and to have an account taken thereof; and for costs.

(6.) Seamen’s Wages:

The plaintiffs, as seamen on board the ship “Mary,” claim the sum of £ for wages due to them, as follows; and for costs:—

To A.B., the mate, £30 for two months’ wages from the day of ;

To C.D., able seaman, £ &c., &c.:

[and the plaintiffs claim to have an account taken thereof.]

(7.) Necessaries, Repairs, &c.:

The plaintiffs claim the sum of £ , for necessaries supplied [or repairs done, &c., as the case may be] to the ship “Mary,” at the Port of , on the day of ; and for costs [and the plaintiffs claim to have an account taken thereof].

(8.) Possession:

(a.) The plaintiff, as sole owner of the ship “Mary,” of the Port of , claims possession of the said ship.

(b.) The plaintiff, as owner of 48-64 shares of the ship “Mary,” of the Port of , claims possession of the said ship as against C.D., owner of 16-64th shares of the same ship.

(9.) Mortgage:

The plaintiff, under a mortgage dated the day of , claims against the proceeds of the ship “Mary” the sum of £ as the amount due to him for principal and interest, and for costs.

(10.) Claims between Co-owners:

(a.) The plaintiff, as part owner of the ship “Mary,” claims against C.D., part owner of the same ship, the sum of £ as part of the earnings of the said ship due to the plaintiff, and for costs; and to have an account taken thereof.

(b.) The plaintiff, as owner of 24-64th shares of the ship “Mary,” being dissatisfied with the management of the said ship by his co-owners, claims that his co-owners shall give bail in the sum of £ , the value of his said shares, for the safe return of the ship to this colony [or possession].

(11.) Bottomry:

The plaintiff, as assignee of a bottomry bond, dated the day of , and granted by C.D., as master of the ship “Mary,” of , to A.B., at the Port of , claims the sum of £ against the ship “Mary” [her cargo and freight, &c., or as the case may be] as the amount due to him under the said bond, and for costs.

(12.) Derelict:

A.B. claims to have the derelict ship “Mary” [or cargo, &c., or as the case may be] condemned as forfeited to Her Majesty in her office of Admiralty.

(13.) Piracy:

A.B., commander of H.M.S. “Torch,” claims to have the Chinese junk “Tecumseh” and her cargo condemned as forfeited to Her Majesty as having been captured from pirates.

(14.) Slave Trade:

A.B., commander of H.M.S. “London,” claims to have the vessel, name unknown [together with her cargo and twelve slaves], seized by him on the day of , 18 , condemned as forfeited to Her Majesty, on the ground that the said vessel was at the time of her seizure engaged in or fitted out for the slave trade, in violation of existing treaties between Great Britain and Zanzibar [or of the Act 5 Geo. IV., c. 113, or as the case may be].

Or,

C.D., the owner of the vessel [and cargo, or as the case may be] captured by H.M.S. “London” on the day of , 18 , claims to have the said vessel [and cargo, or as the case may be] restored to him [together with costs and damages for the seizure thereof].

(15.) Under Pacific Islanders Protection Acts:

A.B., as commander of H.M.S. “Lynx,” claims to have the British ship “Mary” and her cargo condemned as forfeited to Her Majesty, for violation of the Pacific Islanders Protection Acts, 1872 and 1875.

(16.) Under Foreign Enlistment Act:

A.B. claims to have the British ship “Mary,” together with the arms and munitions of war on board thereof, condemned as forfeited to Her Majesty for violation of “The Foreign Enlistment Act, 1870.”

(17.) Under Customs Acts:

A.B. claims to have the ship “Mary” [or as the case may be] condemned as forfeited to Her Majesty for violation of [State Act under which forfeiture is claimed].

(18.) Recovery of Pecuniary Forfeiture or Penalty:

A.B. claims judgment against the defendant for penalties for violation of [State Act under which penalties are claimed].

No. 8.

CERTIFICATE OF SERVICE TO BE INDORED ON THE WRIT AFTER SERVICE THEREOF.

THIS writ was served by X.Y. [Here state the mode in which the service was effected, whether on the owner, or on the ship, cargo, or freight, &c., as the case may be] on , the day of , 18 .

(Signed) X.Y.

No. 9.

APPEARANCE.

(1.) By Defendant in Person.

In the Vice-Admiralty Court of .

[Title of Action.]

TAKE notice that I appear in this action.

Dated this day of , 18 .

(Signed) C.D., Defendant.

My address is . My address for service is .

APPEARANCE.

(2.) By Solicitor for Defendant.

In the Vice-Admiralty Court of .

[Title of Action.]

TAKE notice that I appear for C.D., of [Insert address of C.D.] in this action.

Dated this day of , 18 .

(Signed) X.Y., Solicitor for C.D.

My place of business is . My address for service is .

No. 10.

INDORSEMENT OF SET-OFF OR COUNTER-CLAIM.

THE defendant [or, if he be one of several defendants, The defendant C.D.], owner of the ship “Mary” [or as the case may be], claims from the plaintiff [or claims to set off against the plaintiff’s claim] the sum of for [State the nature of the set-off or counter-claim and the relief or remedy required as in Form No. 7, mutatis mutandis] and for costs.

No. 11.

AFFIDAVIT TO LEAD WARRANT.

In the Vice-Admiralty Court of .

[Title of Action.]

I, A.B. [State name and address], make oath and say that I have a claim against the ship “Mary” for [State nature of claim].

And I further make oath and say that the said claim has not been satisfied, and that the aid of this Court is required to enforce it.

On the day of , 18 ,

the said A.B. was duly sworn to the truth of this affidavit at , before me, E.F., &c.

(Signed) A.B.

Or, where the action is in the name of the Crown:

I, A.B., &c. [State name and address of person suing in the name of the Crown], make oath and say that I claim to have the ship “Mary” and her cargo [or the vessel, name unknown, or the cargo ex the ship “Mary,” &c., or as the case may be] condemned to Her Majesty,—

(a.) As having been fitted out for or engaged in the slave trade in violation of [State Act or treaty alleged to have been violated] ; or

(b.) As having been captured from pirates; or

(c.) As having been found derelict; or

(d.) For violation of [State Act alleged to have been violated],

Or as the case may be.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1884, No 28





✨ LLM interpretation of page content

⚖️ Vice-Admiralty Court Claim Forms

⚖️ Justice & Law Enforcement
Vice-Admiralty Court, Claims, Salvage, Pilotage, Towage, Wages, Necessaries, Possession, Mortgage, Co-owners, Bottomry, Derelict, Piracy, Slave Trade, Pacific Islanders Protection, Foreign Enlistment, Customs Acts, Pecuniary Forfeiture, Service, Appearance, Set-off, Counter-claim, Affidavit

⚖️ Certificate of Service

⚖️ Justice & Law Enforcement
Vice-Admiralty Court, Service, Writ

⚖️ Appearance Forms

⚖️ Justice & Law Enforcement
Vice-Admiralty Court, Appearance, Defendant, Solicitor

⚖️ Set-off or Counter-claim Form

⚖️ Justice & Law Enforcement
Vice-Admiralty Court, Set-off, Counter-claim

⚖️ Affidavit to Lead Warrant

⚖️ Justice & Law Enforcement
Vice-Admiralty Court, Affidavit, Claim, Warrant