Aug. 29. THE NEW ZEALAND GAZETTE. 3357

to have been salved, or an agreement with the recaptors as to such
value.

Forms of affidavit and of agreement of value will be found in
Appendix A, Nos. 57 and 58.

4. Where no claim is made by an owner, or no appearance is
   entered, or default is made in filing an affidavit or agreement of value,
   or where the recaptors are dissatisfied with the value deposed to, the
   Judge may, on the application of the recaptors, direct the property
   to be appraised by the marshal or otherwise valued.

5. If no appearance is entered the recaptors may, subject to the
   filing of an affidavit of service (Appendix A, Form 10), set the case
   down for hearing by default ; in all other cases the recaptors may, at
   any time after appearance entered, apply for a day for the hearing.

6. Where at the time of a decree or order awarding prize salvage
   the ship is under arrest, the decree or order of the Court may be en-
   forced by sale of the ship and payment of the amount due out of the
   proceeds of sale.

7. Where a ship under arrest has been released on security being
   given, the decree or order awarding prize salvage may be enforced :—
   (1.) If money has been paid into Court, by order for payment
   out ;
   (2.) If bail has been given, by order for payment against the
   bail, and execution against the bail in default of payment.

8. Where the proceedings for prize salvage have been taken in
   personam, the decree or order may be enforced against the owner,
   and execution issued against him. If the owner makes default in
   payment, the Judge may direct a warrant to issue for the arrest of
   the ship on such ship coming within the jurisdiction of the Court,
   and may order a sale of the ship and payment of the award to be made
   out of the proceeds of such sale.

9. Where any salvage is awarded to any persons other than officers
   and crews of His Majesty’s ships of war, either alone or conjointly
   with such officers and crews, the Judge may make an order apportion-
   ing such salvage between such persons, or between such persons and
   such officers and crews, in such proportions as to the Judge shall seem
   fit.

Provided that nothing herein contained shall be taken to authorize
the distribution of salvage among such officers and crews or to affect
any Proclamation of His Majesty as to the distribution of Prize
Money.

Forms of decrees in prize salvage will be found marked No. 53
(xiii.) to (xvii.) in Appendix A.

10. No decree or order for the payment of salvage to salvors shall
    be made unless and until the Judge is satisfied that no persons other
    than the said salvors are entitled to share in such salvage.

ORDER XXXI.

LAND EXPEDITIONS AND CONJUNCT CAPTURE WITH ALLY.

A ship taken by land expedition within the meaning of the
Naval Prize Act, 1864, sect. 34, or by a conjunct capture with an
ally within the meaning of sect. 35 of the said Act, shall be proceeded
against and dealt with, as far as possible, in the same manner as
hereinbefore provided in the case of any other ship captured as prize.

ORDER XXXII.

JOINT CAPTURE, FLAG OFFICERS’ CLAIMS, AND OTHER CONFLICTING
CLAIMS BETWEEN CAPTORS.

1. Any person claiming to share as joint captor (hereinafter called
   “the petitioner”) may, at any time after the institution of a cause
   relating to a ship in respect of which he claims a share, proceed as
   hereinafter provided :—
   (1.) A writ (Appendix A, Form No. 6) shall be issued by the peti-
   tioner in the Registry, instituting a cause of joint capture.
   (2.) If the cause is instituted before condemnation of the ship
   in respect of which the petitioner claims to share, or in
   prize salvage before adjudication, the petitioner shall, ex-
   cept in the case of a flag officer claiming to share by virtue
   of his flag, within six days after issuing his writ give security