3358
THE NEW ZEALAND GAZETTE
[No. 93

to the satisfaction of the Court to contribute to the actual
captors a just proportion of any costs, charges, expenses
or damages that may be incurred by or awarded against
the actual captors on account of the capture and detention
of the prize. Within 10 days after such security is given
the petitioner shall file in the Registry a petition setting
out the material facts on which he relies to establish his
claim to share as aforesaid.

(3.) If the cause is instituted after condemnation of the ship in
respect of which the petitioner claims to share, or in prize
salvage after adjudication, the Judge shall, upon suffi-
cient cause being shown by affidavit why the application
was not presented before condemnation or adjudication,
and upon payment being made and security being given
(as hereinbefore provided), allow the writ to be served
upon the party to whom the ship has been condemned
(hereinafter called “the respondent”), or in prize salvage
on the captors, who shall show cause why the petitioner
should not be pronounced to be a joint captor of the said
ship.

(4.) Where the cause is instituted after condemnation, the peti-
tioner shall, within 10 days after such payment has been
made and such security has been given, file a petition
setting out all the material facts on which he relies to
establish his claim to share as aforesaid, and serve the
same as hereinbefore provided.

(5.) The respondent shall appear to the writ by entering an ap-
pearance (Appendix A, Form No. 8) in the Registry within
the time named in the writ.

2. The respondent, if he desires to contest the right of the peti-
   tioner to share, shall file an answer.

If the respondent admits the right of the petitioner to share, he
shall file an admission in the Registry.

A copy of every pleading shall be served on the opposite party.

Forms of the above pleadings will be found in Appendix A,
No. 13 (iii).

3. Upon the answer, and the reply thereto (if any), or admis-
   sion being filed, the petition shall be heard in Court, on an early day
   to be appointed by the Registrar, upon the application of either party,
   upon such evidence as the Judge shall think fit.

4. If in a cause instituted against a ship for condemnation as
   prize, or in a cause for prize salvage, a cause of joint capture is in-
   stited before condemnation or adjudication, the Judge may, at
   the hearing of the principal cause, upon condemnation of the ship
   as lawful prize to the Crown, determine the title of the petitioner
   to share as aforesaid.

Forms of decree in joint capture will be found in Appendix A,
No. 53 (xviii) to (xxi).

5. The costs of and occasioned by the petition shall, as the Judge
   shall direct be borne by the petitioner or respondent or be paid out
   of the proceeds of the ship if condemned.

6. Except by special leave of the Judge no party shall be admitted
   to claim to share as a joint captor in a prize, or in prize salvage, unless
   he shall institute his cause and file his petition within six months
   from the date on which the Judge shall have pronounced any other
   party entitled to such prize, or prize salvage.

7. A claim by a flag officer to share in prize, or prize salvage, by
   virtue of his flag shall not be made until after condemnation, and
   shall then be made in the same form and manner, and the same pro-
   ceedings shall be had thereon, as in cases of asserted joint capture:

Provided that such flag officer shall not be required to pay costs
or give security for costs.

8. Where in any proceedings instituted for condemnation, or for
   prize salvage, the title or interest of the party instituting such pro-
   ceedings is denied by any other party who asserts that he has as captor
   the sole title or interest in the prize, or prize salvage, proceedings
   may be taken for the purpose of determining such title or interest
   in the form and manner herein provided for determining the title
   and interest in a claim of joint capture: Provided that the peti-
   tioner shall not be required to give any security or pay any costs
   before so proceeding unless so ordered by the Judge, and that the
   form of proceedings shall assert such sole title and interest instead