✨ Vice-Admiralty Court Procedures
MAR. 5.] THE NEW ZEALAND GAZETTE. 437
No. 67.
MINUTE ON FILING ANY DOCUMENT.
In the Vice-Admiralty Court of
[Title of Action.]
I, A.B. [State whether plaintiff or defendant], file the follow-
ing documents, viz.,—
[Here describe the documents filed.]
Dated the day of , 18 . (Signed) A.B.
No. 68.
MINUTE OF ORDER OF COURT.
In the Vice-Admiralty Court of
[Title of Action.]
On the day of , 18 , before Judge.
THE Judge, on the application of [State whether plaintiff or
defendant] ordered [State purport of order].
No. 69.
MINUTE ON EXAMINATION OF WITNESSES.
In the Vice-Admiralty Court of
[Title of Action.]
On the day of , 18 , before , Judge.
A.B. [State whether plaintiff or defendant] produced as wit-
esses [Here state names of witnesses in full], who, having
been sworn [or as the case may be], were examined orally
[if by interpretation, add by interpretation of ].
No. 70.
MINUTE OF DECREE.
In the Vice-Admiralty Court of
[Title of Action.]
On the day of , 18 , before , Judge.
(1.) Decree for an ascertained Sum :
THE Judge, having heard [State whether plaintiff and defend-
ant, or their counsel or solicitors, or as the case may be], and
having been assisted by [State names and descriptions of
Assessors, if any], pronounced the sum of [State sum in
letters and figures] to be due to the plaintiff [or defendant]
in respect of his claim [or counter-claim], together with costs
[if the decree is for costs]. And he condemned—
(a.) [In an action in rem where bail has not been given] the
ship [or cargo ex the ship ], or proceeds of the
ship , or of the cargo ex the ship , or as the
case may be] in the said sum [and in costs] :
(b.) [In an action in personam or in rem where bail has
been given] the defendant [or plaintiff] and his bail [if bail
has been given] in the said sum [and in costs].
(2.) Decree for a Sum not ascertained :
The Judge, having heard, &c. [as above], pronounced in
favour of the plaintiff's claim [or defendant's counter-claim],
and condemned the ship [or cargo, &c., or the de-
fendant or plaintiff] and his bail [if bail has been given] in
the amount to be found due to the plaintiff [or defendant]
[and in costs]. And he ordered that an account should be
taken, and—
(a.) [If the amount is to be assessed by the Judge] that all
accounts and vouchers, with the proofs in support thereof,
should be filed within days [or as the case may be].
(b.) [If the Judge refers the assessment to the Registrar]
referred the same to the Registrar [assisted by merchants],
to report the amount due, and ordered that all accounts, &c.
[as above].
(3.) Decree on Dismissal of Action :
The Judge, having heard, &c. [as above], dismissed the
action, [If with costs, add] and condemned the plaintiff and
his bail [if bail has been given] in costs.
(4.) Decree for Condemnation of a Derelict subject to Sal-
vage :
The Judge, having heard, &c. [as above] pronounced the
sum of [State sum in letters and figures] to be due to A.B., &c.,
for salvage, together with costs, and subject thereto con-
demned the said ship [or cargo or proceeds of ship
or of cargo, &c., as the case may be] as a droit and perquisite
of Her Majesty in her office of Admiralty.
(5.) Decree in Action for Possession :
The Judge, having heard, &c., decreed that possession of
the ship should be given to the plaintiff, and con-
demned the defendant [and his bail] in costs.
(6.) Decree of Condemnation in a Slave-trade Action :
The Judge having heard, &c. [as above], pronounced that
the vessel, name unknown [or as the case may be], seized by
H.M.S. "Torch" on the day of , 18 , had
been at the time of her seizure engaged in or fitted out for
the slave trade in contravention of the treaties existing
between Great Britain and [or in violation of the
Acts 5 Geo. IV., c. 113, and 36 and 37 Vict., c. 88, or as the
case may be], and he condemned the said vessel [together
with the slaves, goods, and effects on board thereof] as for-
feited to Her Majesty [or condemned the said vessel and
slaves as forfeited, &c., but ordered that the cargo should be
restored to the claimant, or as the case may be].
The Judge further ordered that the said slaves [or the
slaves then surviving], consisting of men,
women, and boys and girls, should be delivered
over to [State to whom or how the slaves are to be disposed of].
If the vessel has been brought into port, add—
The Judge further ordered that the tonnage of the vessel
should be ascertained by the rule in force for the admeasure-
ment of British vessels, and that the vessel should be broken
up, and that the materials thereof should be publicly sold in
separate parts, together with her cargo [if any];
or
If the vessel has been abandoned or destroyed by the seizors
prior to the adjudication, and the Court is satisfied that the
abandonment or destruction was justifiable, add—
The Judge further declared that, after full consideration
by the Court of the circumstances of the case, the seizors
had satisfied the Court that the abandonment [or destruction]
of the vessel was inevitable, or otherwise under the circum-
stances proper and justifiable.
(7.) Decree of Restitution in a Slave-trade Action :
The Judge, having heard, &c., pronounced that it had not
been proved that the vessel was engaged in or fitted
out for the slave trade, and ordered that the said vessel
should be restored to the claimant, together with the goods
and effects on board thereof ;
Add, as the case may be,
but without costs or damages,
or
on payment by the said claimant of the costs incurred by the
seizors in this action ;
or
and awarded to the said claimant costs and damages in
respect of the detention of the said vessel, and [referred the
same to the Registrar (assisted by merchants) to report the
amount thereof, and] directed that all accounts and vouchers
with the proofs in support thereof, if any, should be filed
within days.
(8.) Decree in Case of Capture from Pirates :
The Judge, having heard, &c., pronounced that the said
junk "Tecumseh" [and her cargo] having been at the time
of the capture thereof by H.M.S. "Torch" the property of
pirates, and condemned the same as a droit and perquisite of
Her Majesty in her office of Admiralty ;
or
pronounced that the said junk "Tecumseh" [and her cargo]
had, prior to her recapture by H.M.S. "Torch," &c., been
captured by pirates from the claimant [State name and de-
scription of former owner], and he decreed that the same
should be restored to the said claimant as the lawful owner
thereof, on payment to the recaptors of [one-eighth] part of the
true value thereof in lieu of salvage. The Judge also directed
that the said junk [and her cargo] should be appraised.
If the junk, &c., has been captured after an engagement with
the pirates, and if there is a petition for bounty, add—
The Judge further declared that the persons attacked or
engaged by H.M.S. "Torch," &c., on the occasion of the
capture of the said junk were pirates, that the total number
of pirates so attacked or engaged was about , that
of that number were captured, and that the only
vessel engaged was H.M.S "Torch" [or as the case may be].
(9.) Decree of Condemnation under Pacific Islanders Pro-
tection Acts :
The Judge, having heard, &c., pronounced that the ship
had been at the time of her seizure [or during the
voyage on which she was met] employed [or fitted out for
employment] in violation of the Pacific Islanders Pro-
tection Acts, 1872 and 1875, and he condemned the said
ship and her cargo, and all goods and effects found
on board, or as the case may be], as forfeited to Her Majesty.
The Judge further ordered that the said ship [and
her cargo, and the said goods and effects] should be sold by
public auction, and that the proceeds should be paid into
Court.
(10.) Decree of Condemnation under Foreign Enlistment Act :
The Judge, having heard, &c., pronounced that the ship
had been [built, equipped, commissioned, despatched,
or used, as the case may be] in violation of "The Foreign
Enlistment Act, 1870," and he condemned the said ship
and her equipment [and the arms and munitions of
war on board thereof, or as the case may be], as forfeited to
Her Majesty.
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✨ LLM interpretation of page content
⚖️ Minute on Filing Any Document
⚖️ Justice & Law EnforcementVice-Admiralty Court, Filing, Documents
⚖️ Minute of Order of Court
⚖️ Justice & Law EnforcementVice-Admiralty Court, Order, Judge
⚖️ Minute on Examination of Witnesses
⚖️ Justice & Law EnforcementVice-Admiralty Court, Witnesses, Examination
⚖️ Minute of Decree
⚖️ Justice & Law EnforcementVice-Admiralty Court, Decree, Judge, Costs
NZ Gazette 1884, No 28