430
THE NEW ZEALAND GAZETTE.
[No. 28

Cardiff to Bahia or Pernambuco and any ports or places in
the Brazils, or North or South America, United States of
America, Indian, Pacific, or Atlantic Oceans, China or
Eastern Seas, Cape Colonies, West Indies, or Continent of
Europe, including the Mediterranean Sea or seas adjacent,
to and fro if required for any period not exceeding three
years, but finally to a port of discharge in the United King-
dom or Continent of Europe."

4. The "Northumbria," after so leaving Cardiff, met with
   bad weather and suffered damage, and was compelled to put
   back to Falmouth for repairs before again proceeding on her
   voyage.

5. The plaintiff was ready and willing to continue in the
   service of the "Northumbria," and to perform his duty as
   her master on and during the said voyage; but the defend-
   ants, the owners of the "Northumbria," wrongfully and
   without reasonable cause discharged the plaintiff, on the
   23rd day of November, from his employment as master, and
   appointed another person as master of the "Northumbria"
   on the said voyage in the place of the plaintiff, and thereby
   heavy damage and loss have been sustained by the plaintiff.

6. The plaintiff, whilst he acted as master of the "North-
   umbria," earned his wages at the rate aforesaid; and he also,
   as such master, made divers disbursements on account of
   the "Northumbria;" and there was due and owing to the
   plaintiff in respect of such his wages and disbursements at
   the time of his discharge a balance of £108 12s. 9d., which
   sum the defendants, without sufficient cause, have neglected
   and refused to pay to the plaintiff.
   The plaintiff claims—
   (1.) Payment of the sum of £108 12s. 9d., the balance due
   to the plaintiff for his wages and disbursements, with
   interest thereon;
   (2.) Ten days' double pay, according to the provisions of
   section 187 of "The Merchant Shipping Act, 1854;"
   (3.) Damages in respect of his wrongful discharge by the
   defendants;
   (4.) The condemnation of the defendants [and their bail]
   in the amounts claimed by or found due to the plain-
   tiff;
   (5.) To have an account taken [with the assistance of
   merchants] of the amount due to the plaintiff in re-
   spect of his said wages and disbursements, and for
   damages in respect of such wrongful discharge;
   (6.) Such further and other relief as the nature of the
   case may require.
   Dated the day of , 18 .
   (Signed) A.B., Plaintiff.

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

1. The defendants admit the statements made in the 1st,
   2nd, 3rd, and 4th articles of the plaintiff's petition.
2. Whilst the "Northumbria" was upon her voyage in the
   said 3rd article mentioned, and before and until she put into
   Falmouth, as in the said 4th article mentioned, the plaintiff
   was frequently under the influence of drink.
3. During the night of the 10th November, 1875, and the
   morning of the 11th November, 1875, whilst a violent gale
   was blowing and the ship was in danger, the plaintiff was
   wholly drunk and was incapable of attending to his duty as
   master of the said ship; and in consequence of the condition
   of the plaintiff much damage was done to the said ship, and
   the said ship was almost put ashore.
4. The damage in the 4th article of the petition mentioned
   was wholly or in part occasioned by the drunken condition of
   the plaintiff during the said voyage from Cardiff to Falmouth.
5. The defendants, having received information of the
   above facts on the arrival of the said ship at Falmouth, and
   having made due inquiries concerning the same, had reason-
   able and probable cause to and did discharge the plaintiff
   from his employment as master of the said ship on the 23rd
   November, 1875.
6. The plaintiff, on the 12th day of November, 1875, whilst
   the said ship was at Falmouth, wrongfully and improperly
   tore out and destroyed certain entries which had been made
   by the mate of the said ship in her log-book relating to the
   said voyage from Cardiff to Falmouth; and the plaintiff sub-
   stituted in the said log-book entries made by himself, with
   intent to conceal the true facts of the said voyage from the
   defendants.
7. The defendants bring into Court the sum of £104 in re-
   spect of the plaintiff's claim for wages and disbursements,
   and say that the said sum is enough to satisfy the plaintiff's
   said claim in that behalf. The defendants offered to pay the
   plaintiff's costs to this time in respect of those two causes of
   action.
   Dated the day of , 18 .
   (Signed) C.D., E.F., &c., Defendants.

REPLY.
In the Vice-Admiralty Court of
[Title of Action.]
The plaintiff denies the several statements contained in
the answer [or as the case may be].
Dated the day of , 18 .
(Signed) A.B., Plaintiff.

(5.) In an Action for Seamen's Wages:
PETITION.
In the Vice-Admiralty Court of
[Title of Action.]
Writ issued , 18 .

1. THE plaintiff, A.B., was engaged as mate of the British
   brig "Bristol," at the rate of £ per month, and in
   pursuance of that engagement served as mate on board the
   said brig from the day of , 18 , to the
   day of , 18 , and during that time as mate of the
   brig earned wages amounting to . After giving credit
   for the sum received by him on account, as shown in the
   Schedule hereto, there remains due to him for his wages a
   balance of .
2. The plaintiffs C.D., E.F., and G.H. were engaged as
   able seamen on board the said brig, and, having in pursuance
   of that engagement served as able seamen on board the said
   brig during the periods specified in the Schedule hereto,
   earned thereby as wages the sums set forth in the same
   Schedule, and, after giving credit for the sums received by
   them respectively on account of the said wages, there remain
   due to them the following sums, namely,—
   To C.D., the sum of £
   " E.F., " £
   " G.H., " £
3. The plaintiffs I.K. and L.M. were engaged as ordinary
   seamen on board the said brig, and, having served on board
   the same in pursuance of the said engagement during the
   periods specified in the Schedule hereto, earned thereby the
   sums set forth in the same Schedule, and, after giving credit
   for the sums received by them respectively on account of the
   said wages, there remain due to them the following sums,
   namely,—
   To I.K., the sum of £
   " L.M., " £
   SCHEDULE REFERRED TO ABOVE.
   Wages due to A.B., mate, from the , £ s. d.
   18 , to the , 18 , months and
   days, at £ per month ..
   Less received on account .. ..
   Balance due .. .. £ : :
   £ s. d.
   Wages due to C.D., able seaman, from the
   , 18 , to the , 18 ,
   months and days, at £ per
   month .. .. .. ..
   Less received on account .. .. ..
   Balance due .. .. .. £ : :
   [So on with the wages due to other plaintiffs.]
   The plaintiffs claim,—
   (1.) The several sums so due to them respectively, with the
   costs of this action;
   (2.) Such double pay as they may be entitled to under sec-
   tion 187 of "The Merchant Shipping Act, 1854;"
   (3.) Such other relief as the nature of the case may require.
   Dated the day of , 18 .
   (Signed) A.B., &c., Plaintiffs.

(6.) In an Action for Bottomry:
PETITION.
In the Vice-Admiralty Court of
[Title of Action.]
Writ issued , 18 .

1. In the month of July, 1876, the Italian barque "Roma
   Capitale" was lying in the Port of Rangoon, in the Pegu
   Division of British Burmah, and Pietro Ozilia, her master,
   being in want of funds, was compelled to borrow on bottomry
   of the said barque and her freight from the Cassa Marit-
   tima di Genova the sum of £3,478 7s. 11d. for the necessary
   and indispensable repairs, charges, and supplies of the said
   vessel in the said Port of Rangoon, and to enable her to
   prosecute her voyage from Rangoon to Akyab, and thence
   to
2. Accordingly, by a bond of bottomry dated the 11th day
   of the said month of July and duly executed by him, the said
   Pietro Ozilia, in consideration of the sum of £3,478 7s. 11d.
   lent by the said Cassa Marittima di Genova upon the said
   adventure upon the said barque and freight at the maritime
   premium of 23 per cent., bound himself and the said barque