MAR. 5.] THE NEW ZEALAND GAZETTE. 427

burning brightly, and a good look-out was being kept on
board of her.

3. At that time those on board the "Anthes" observed
   the red light of a sailing-vessel, which proved to be the
   "Atlantic," at the distance of about from one mile and a
   half to two miles from the "Anthes," and bearing about one
   point on her port bow. The "Anthes" was kept close-hauled
   by the wind on the port tack. The "Atlantic" exhibited
   her green light and shut in her red light, and drew a little on
   to the starboard bow of the "Anthes," and she was then seen
   to be approaching and causing immediate danger of collision.
   The helm of the "Anthes" was thereupon put hard down,
   but the "Atlantic," although loudly hailed from the
   "Anthes," ran against and with her stem and starboard bow
   struck the starboard quarter of the "Anthes" abaft the main
   rigging, and did her so much damage that the "Anthes"
   soon afterwards sank, and was with her cargo wholly lost,
   and four of her hands were drowned.

4. There was no proper look-out kept on board the
   "Atlantic."

5. Those on board the "Atlantic" improperly neglected to
   take in due time proper measures for avoiding a collision
   with the "Anthes."

6. The helm of the "Atlantic" was ported at an improper
   time.

7. The said collision and the damages and losses con-
   sequent thereon were occasioned by the negligent and im-
   proper navigation of those on board the "Atlantic."
   The plaintiff claims—
   (1.) A declaration that he is entitled to the damage pro-
   ceeded for;
   (2.) The condemnation of the defendants [and their bail]
   in such damage and in costs;
   (3.) To have an account taken of such damage, with the
   assistance of merchants;
   (4.) Such further or other relief as the nature of the case
   may require.
   Dated the day of , 18 .
   (Signed) A.B., Plaintiff.

ANSWER AND COUNTER-CLAIM.

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

1. The defendants are the owners of the Swedish barque
   "Atlantic," of 988 tons register, carrying a crew of nineteen
   hands all told, and, at the time of the circumstances herein-
   after stated, bound on a voyage to Cardiff.

2. A little before 6.30 p.m. of the 31st January, 1878, the
   "Atlantic" was about fifteen miles S.E. by S. of the Lizard.
   The wind was E.N.E.; the weather was hazy. The "At-
   lantic," under foresail, fore and main topsails, main top-
   gallant sail and jib, was heading about W.S.W., making from
   five to six knots an hour, with her regulation lights duly
   exhibited and burning, and a good look-out being kept on
   board her.

3. In these circumstances the red lights of two vessels were
   observed pretty close together, about half a mile off, and
   from two to three points on the starboard bow. The helm of
   the "Atlantic" was put to port in order to pass on the port
   sides of these vessels. One, however, of the vessels, which
   was the "Anthes," altered her course and exhibited her
   green light, and caused danger of collision. The helm of the
   "Atlantic" was then ordered to be steadied, but before this
   order could be completed was put hard-astern. The "Anthes,"
   with her starboard side by the main rigging, struck the stem
   of the "Atlantic," and shortly afterwards sank, her master
   and four of her crew being saved by the "Atlantic."

4. Save as is hereinbefore admitted, the several statements
   in the petition are denied.

5. The "Anthes" was not kept on her course as required
   by law.

6. The helm of the "Anthes" was improperly starboarded.

7. The collision was caused by one or both of the things
   stated in the fifth and sixth paragraphs hereof, or otherwise
   by the negligence of the plaintiffs, or of those on board the
   "Anthes."

8. The collision was not caused or contributed to by the
   defendants, or by any of those on board the "Atlantic."
   And by way of counter-claim the defendants say they have
   suffered great damage by reason of the collision.
   And they claim as follows:—
   (1.) Judgment against the plaintiff [and his bail] for the
   damage occasioned to the defendants by the collision,
   and for the costs of this action;
   (2.) To have an account taken of such damage, with the
   assistance of merchants;
   (3.) Such further and other relief as the nature of the
   case may require.
   Dated the day of , 18 .
   (Signed) C.D., &c., Defendants.

REPLY.

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

The plaintiff denies the several statements contained in
the answer and counter-claim [or admits the several state-
ments contained in paragraphs and of the
answer and counter-claim, but denies the other statements
contained therein].
Dated the day of , 18 .
(Signed) A.B., Plaintiff.

The "Julia David."

PETITION.

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

Writ issued , 18 .

1. At about 2 a.m. on the 4th day of September, 1876, the
   steamship "Sarpedon," of 1,556 tons register and 225-horse
   power, of which the plaintiffs were owners, whilst on a
   voyage from Shanghai and other ports to London, with a
   cargo of tea and other goods, was about eighty miles south-
   west of Ushant.

2. The wind at such time was about south-west, the
   weather was a little hazy and occasionally slightly thick,
   and the "Sarpedon" was under steam and sail, steering
   north-east, and proceeding at the rate of about ten knots
   per hour. Her proper regulation masthead and side lights
   were duly exhibited and burning brightly, and a good look-
   out was being kept.

3. At such time the masthead and red lights of a steam
   vessel, which proved to be the above-named vessel "Julia
   David," were seen at the distance of about two miles from
   and ahead of the "Sarpedon," but a little on her port bow.
   The helm of the "Sarpedon" was ported and hard-ported,
   but the "Julia David" opened her green light to the
   "Sarpedon," and although the engines of the "Sarpedon"
   were immediately stopped, and her steam-whistle was blown,
   the "Julia David" with her stem struck the "Sarpedon" on
   her port side, abreast of her red light, and did her so much
   damage that her master and crew were compelled to abandon
   her, and she was lost with her cargo. The "Julia David"
   went away without rendering assistance to those on board
   the "Sarpedon," and without answering signals which were
   made by them for assistance.

4. Those on board the "Julia David" neglected to keep a
   proper look-out.

5. Those on board the "Julia David" neglected to duly
   port the helm of the "Julia David."

6. The helm of the "Julia David" was improperly star-
   boarded.

7. The "Julia David" did not duly observe and comply
   with the provisions of Article 16 of the "Regulations for pre-
   venting Collisions at Sea."

8. The said collision was occasioned by the improper and
   negligent navigation of the "Julia David."
   The plaintiffs claim—
   (1.) A declaration that they are entitled to the damage
   proceeded for, and the condemnation of the said steam-
   ship "Julia David," and the defendants therein, and
   in costs;
   (2.) To have an account taken of such damage, with the
   assistance of merchants;
   (3.) Such further and other relief as the nature of the
   case may require.
   Dated the day of , 18 .
   (Signed) A.B., &c., Plaintiffs.

ANSWER AND COUNTER-CLAIM.

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

1. The defendants are the owners of the Belgian screw
   steamship "Julia David," of about 1,274 tons register, and
   worked by engines of 140-horse power nominal, with a crew
   of thirty hands, which left Havre on the 2nd of September,
   1876, with a general cargo, bound to Alicante and other ports
   in the Mediterranean.

2. About 2.45 a.m. of the 4th of September, 1876, the
   "Julia David," in the course of her said voyage, was in the
   Bay of Biscay. The weather was thick with a drizzling rain,
   and banks of fog and a stiff breeze blowing from S.S.W., with
   a good deal of sea. The "Julia David," under steam alone,
   was steering S.S.W. ½ W. by bridge steering compass, or
   S.W. ½ W. magnetic, and was making about five knots an
   hour. Her regulation lights were duly exhibited and burning
   brightly, and a good look-out was being kept on board her.

3. In the circumstances aforesaid those on board the
   "Julia David" saw the green and masthead lights of a
   steamship, the "Sarpedon," about two miles off, and about
   two points on the starboard bow. The "Julia David" was
   kept on her course. But after a short time the "Sarpedon"
   opened her red light and caused danger of collision. The
   helm of the "Julia David" was thereupon put hard-astern,
   and her engines stopped and almost immediately reversed