Vice-Admiralty Court Forms




426
THE NEW ZEALAND GAZETTE.
[No. 28

I further make oath and say that the aid of this Court is required to enforce the said claim.
On the day of , 18 ,
the said A.B. was duly sworn to the truth of this affidavit at , (Signed) A.B.
before me, E.F., &c.

No. 12.
WARRANT.

In the Vice-Admiralty Court of
(I.S.) [Title of Action.]
VICTORIA, &c.

To the Marshal of our Vice-Admiralty Court of
We hereby command you to arrest the ship , her cargo and freight, &c. [or as the case may be], and to keep the same under safe arrest until you shall receive further orders from us.
Given at in our said Court, under the seal thereof, this day of , 18 .
Warrant taken out by
(Signed) E.F., Registrar.

No. 13.
CERTIFICATE OF SERVICE TO BE INDORSED ON THE WARRANT AFTER SERVICE THEREOF.

THIS warrant was served by [State by whom and in what mode service was effected] on , the day of , 18 .
(Signed) G.H., Marshal.

No. 14.
BAIL-BOND.

In the Vice-Admiralty Court of
[Title of Action.]

KNOW all men by these presents that we [Insert names, addresses, and descriptions of the sureties in full] hereby jointly and severally submit ourselves to the jurisdiction of the said Court, and consent that if the said [Insert name of party for whom bail is to be given, and state whether plaintiff or defendant] shall not pay what may be adjudged against him in the above-named action, with costs [or for costs, if bail is to be given only for costs], execution may issue against us, our heirs, executors, and administrators, goods and chattels, for a sum not exceeding [State sum in letters] pounds.
This bail bond was signed by the said and , the day of , 18 , in the registry of the Vice-Admiralty Court of [or as the case may be], before me,
E.F., Registrar
[Or Clerk in the Registry, or Commissioner to take bail, or as the case may be].

No. 15.
COMMISSION TO TAKE BAIL.

In the Vice-Admiralty Court of
(I.S.) [Title of Action.]
VICTORIA, &c.

To [State name and description of Commissioner], greeting.
WHEREAS in the above-named action bail is required to be taken on behalf of [State name of party for whom bail is to be given, and whether plaintiff or defendant] in the sum of [State sum in letters] pounds, to answer judgment in the said action:
We therefore hereby authorize you to take such bail on behalf of the said from two sufficient sureties, upon the bail-bond hereto annexed, and to swear the said sureties to the truth of the annexed affidavits as to their sufficiency, in the form indorsed hereon.
And We command you that, upon the said bond and affidavits being duly executed and signed by the said sureties, you do transmit the same, attested by you, to the registry of our said Court.
Given at , in our said Court, under the seal thereof, this day of , 18 .
(Signed) E.F., Registrar.
Commission to take bail taken out by

Form of Oath to be administered to each Surety.
You swear that the contents of the affidavit, to which you have subscribed your name, are true. So help you God.

No. 16.
NOTICE OF BAIL.

In the Vice-Admiralty Court of
[Title of Action.]

TAKE notice that I tender the under-mentioned persons as bail on behalf of [State name, address, and description of party for whom bail is to be given, and whether plaintiff or defendant] in the sum of [State sum in letters and figures] to answer judgment in this action [or judgment and costs, or costs only, or as the case may be].
Names, addresses, and descriptions of
SURETIES. REFEREES.
(1)
(2)
Dated this day of , 18 .
(Signed) X.Y.

No. 17.
NOTICE TO JUSTIFY.

In the Vice-Admiralty Court of
[Title of Action.]

TAKE notice that I require [State name, address, and description of surety or sureties required to justify] to justify by affidavit his [or their] sufficiency as a surety [or sureties] in the above-named action.
Dated the day of , 18 .
(Signed) A.B.

No. 18.
AFFIDAVIT OF JUSTIFICATION.

In the Vice-Admiralty Court of
[Title of Action.]

I [State name, address, and description of surety], one of the proposed sureties for [State name, address, and description of person for whom bail is to be given], make oath and say that I am worth more than the sum of [State in letters the sum in which bail is to be given] pounds after the payment of all my debts.
On the day of , 18 , the said was duly sworn to the truth of this affidavit at , before me,
E.F., Registrar
[or Commissioner, as the case may be]
Signature of surety.

No. 19.
NOTICE OF OBJECTION TO BAIL.

In the Vice-Admiralty Court of
[Title of Action.]

TAKE notice that I object to the bail proposed to be given by [State name, address, and description of surety or sureties objected to] in the above-named action.
Dated the day of , 18 .
(Signed) A.B.

No. 20.
RELEASE.

In the Vice-Admiralty Court of
(I.S.) [Title of Action.]
VICTORIA, &c.

To the Marshal of our Vice-Admiralty Court of , greeting.
WHEREAS by our warrant issued in the above-named action on the day of , 18 , We did command you to arrest [State name and nature of property arrested] and to keep the same under safe arrest until you should receive further orders from Us: We do hereby command you to release the said [State name and nature of property to be released] from the said arrest upon payment being made to you of all fees due to and charges incurred by you in respect of the arrest and custody thereof.
Given at , in our said Court, under the seal thereof, day of , 18 .
Release taken out by
(Signed) E.F., Registrar.

No. 21.
PLEADINGS.

(1.) In an Action for Damage by Collision: The “Atlantic.”
PETITION.

In the Vice-Admiralty Court of
[Title of Action.]

Writ issued , 18 .

  1. SHORTLY before 7 p.m. on the 31st January, 1878, the brig “Anthes,” of 234 tons register, of which the plaintiff, George De Garis, was then owner, whilst on a voyage from Cardiff to Granville, in France, laden with coals, and manned with a crew of nine hands, all told, was about fifteen miles S.E. ½ E. from the Lizard Light.

  2. The wind at that time was about E.N.E., a moderate breeze, the weather was fine but slightly hazy, and the tide was about slack water, and of little force. The “Anthes” was sailing under all plain sail, close-hauled on the port tack, heading about S.E. and proceeding through the water at the rate of about five knots per hour. Her proper regulation side sailing lights were duly placed and exhibited and



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1884, No 28





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