432
THE NEW ZEALAND GAZETTE.
[No. 28

and the plaintiffs cannot obtain possession of them without the assistance of this Court.
4. The defendant has neglected and refused to render proper accounts relating to the management and earnings of the said ship, and such accounts are still outstanding and unsettled between the plaintiffs and the defendant.
The plaintiffs claim—
(1.) Judgment giving possession to the plaintiffs of the said ship and of her certificate of registry;
(2.) To have an account taken, with the assistance of merchants, of the earnings of the ship;
(3.) A sale of the defendant’s shares in the said ship;
(4.) Payment out of the proceeds of such sale of the balance, if any, found due to the plaintiffs, and of the costs of this action;
(5.) Such further and other relief as the nature of the case may require.
Dated the day of , 18 .
(Signed) A.B., &c., Plaintiffs.

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

1. THE plaintiffs at the time of the occurrences herein-after mentioned carried on business at the Port of as bonded store and provision merchants and shipchandlers.
2. The “Sfacteria” is a Greek ship, and in the months of June, July, August, and September, 1874, was lying in the said Port of , under the command of one George Lazzaro, a foreigner, her master and owner, and in the said month of September she proceeded on her voyage to .
3. The plaintiffs, at the request and by the direction of the said master, supplied during the said months of June, July, August, and September, 1874, stores and other necessaries for the necessary use of the said ship upon the said then intended voyage to the value of £412 16s. 9d., for which sum an acceptance was given by the said George Lazzaro to the plaintiffs; but on the 4th day of February, 1875, the said acceptance, which then became due, was dishonoured, and the said sum of £412 16s. 9d., with interest thereon from the said 4th day of February, 1875, still remains due and unpaid to the plaintiffs.
4. In the month of August aforesaid, the plaintiffs, at the request of the said master, advanced to him the sum of £100 for the necessary disbursements of the said ship at the said Port of , and otherwise on account of the said ship; and also at his request paid the sum of £11, which was due for goods supplied for the necessary use of the said ship on the said voyage; and of the sums so advanced and paid there still remains due and unpaid to the plaintiffs the sum of £61, with interest thereon from the 5th day of January, 1875, on which last-mentioned day a promissory note given by the said George Lazzaro to the said plaintiffs for the said sum of £61 was returned to them dishonoured.
5. The plaintiffs also at the said master’s request, between the 1st of September, 1874, and the commencement of this action, paid various sums amounting to £84 17s. for the insurance of their said debt.
6. The said goods were supplied and the said sums advanced and paid by the plaintiffs upon the credit of the said ship, and not merely on the personal credit of the said master.
   The plaintiffs claim—
   (1.) Judgment for the said sums of £412 16s. 9d., £61, and £84 17s., together with interest thereon;
   (2.) That the defendant and his bail be condemned therein, and in costs; [or
   (3.) A sale of the said ship and payment of the said sums and interest out of the proceeds of such sale, together with costs;]
   (4.) Such further and other relief as the case may require.
   Dated the day of , 18 .
   (Signed) A.B., &c., Plaintiffs.

(11.) In an Action for Condemnation of a Ship or Cargo, &c.:
PETITION.
In the Vice-Admiralty Court of
[Title of Action.]
Writ issued , 18 .
[State briefly the circumstances of the seizure, or, if an affidavit of the circumstances has been filed, refer to the affidavit.]
A.B. [State name of person suing in the name of the Crown] claims—
The condemnation of the said ship [and her cargo, and of the said seven slaves, or as the case may be] on the ground that the said ship, &c., was at the time of the seizure thereof fitted out for or engaged in the slave trade [or as having been captured from pirates, or for violation of the Act , s. , or as the case may be].
Dated the day of , 18 .
(Signed) A.B.

(12.) In an Action for Restitution of a Ship or Cargo:
PETITION.
In the Vice-Admiralty Court of
[Title of Action.]
Writ issued , 18 .
[State briefly the circumstances of the seizure.]
C.D. [State name of person claiming restitution] claims—
The restitution of the said vessel [and her cargo, or as the case may be], together with costs and damages for the seizure thereof [or as the case may be].
Dated the day of , 18 .
(Signed) C.D., &c., Plaintiffs.

(13.) In a Piracy Case where the Captors intend to apply for Bounty, add—
A.B. further prays the Court to declare—
(1.) That the persons attacked or engaged were pirates;
(2.) That the total number of pirates so engaged or attacked was , of whom were captured;
(3.) That the vessel [or vessels and boats] engaged [or were] [and ].
Dated the day of , 18 .
(Signed) A.B.

(14.) In an Action for Recovery of any Pecuniary Forfeiture or Penalty:
PETITION.
In the Vice-Admiralty Court of
[Title of Action.]
Writ issued , 18 .
[State briefly the circumstances, and the Act and section of Act under which the penalty is claimed.]
I, A.B., claim to have the defendant condemned in a penalty of £ , and in the costs of this action.
Dated the day of , 18 .
(Signed) A.B.

No. 22.
INTERROGATORIES.
In the Vice-Admiralty Court of
[Title of Action.]
INTERROGATORIES on behalf of the plaintiff, A.B. [or defendant, C.D.], for the examination of the defendants, C.D. and E.F. [or plaintiff, A.B., or as the case may be].

1. Did not, &c.
2. Have not, &c.
   The defendant, C.D., is required to answer the interrogatories numbered .
   The defendant, E.F., is required to answer the interrogatories numbered .
   Dated the day of , 18 .
   (Signed) A.B. [or C.D., as the case may be].

No. 23.
ANSWERS TO INTERROGATORIES.
In the Vice-Admiralty Court of
[Title of Action.]
THE answers of the defendant, C.D. [or plaintiff, A.B., &c.], to the interrogatories filed for his examination by the plaintiff, A.B. [or defendant, C.D., &c.].
In answer to the said interrogatories, I, the above-named C.D. [or A.B., &c.] make oath and say as follows:—
(1.)
(2.) , &c.
(Signed) C.D. [or A.B.]
On the day of , 18 , the said C.D. [or A.B. &c.] was duly sworn to the truth of this affidavit at before me, E.F., &c.

No. 24.
AFFIDAVIT OF DISCOVERY.
In the Vice-Admiralty Court of
[Title of Action.]
I, the defendant, C.D. [or plaintiff, A.B., &c.], make oath and say as follows:—

1. I have in my possession or power the documents relating to the matters in question in this action, set forth in the First and Second Parts of the First Schedule hereto.
2. I object to produce the documents set forth in the Second Part of the said First Schedule on the ground that [State grounds of objection, and verify the facts as far as may be].
3. I have had, but have not now, in my possession or power the documents relating to the matters in question in this action as set forth in the Second Schedule hereto.