3366
THE NEW ZEALAND GAZETTE.
[No. 98

No. 5.

WRIT OF SUMMONS IN PRIZE SALVAGE.

[Heading and Title as in No. 1 (ii).]

O. II. rr. 8, 14.
O. XXX. r. 1.
GEORGE the Fifth, &c. [as in No. 2].
To C. D., the owner [or as the case may be] of the ship.
We command you that within eight days after the service of this writ, inclusive of the day of such service, you do cause an appearance to be entered for you in the Admiralty Registry of our said Court in a cause of prize salvage instituted against you on behalf of
And take notice, &c. [as in No. 2].
Witness, &c. [as in No. 2].
[Indorsements, &c., as in No. 2.]

No. 6.

WRIT OF SUMMONS IN JOINT CAPTURE OR RECAPTURE.

[Heading and Title as in No. 1 (ii).]

O. II. r. 9.
O. XXXII. r. 1. (1).
GEORGE the Fifth, &c. [as in No. 2].
To [the persons originally claiming as captors or recaptors].
We command you that within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the Registry of our said Court in a cause of joint capture [or recapture] instituted against you on behalf of [Insert names of persons claiming, as, e.g., A. B., the Commander, and the crew of our ship of war ] asserting a claim to be pronounced joint captors [or recaptors] with you of the said ship , and the goods, wares, and merchandise laden on board of her [or, of the goods, wares, and merchandise ex the said ship ], and to share in the proceeds thereof [or, in the salvage payable in respect thereof].
And take notice, &c. [as in No. 2].
Witness, &c. [as in No. 2].
[Indorsements, &c., as in No. 2.]

No. 7.

NOTICE IN LIEU OF SERVICE OF A WRIT OUT OF THE JURISDICTION.

[Heading and Title as in No. 1.]

O. II. r. 19.
O. XXXV. r. 12.
To , of .
Take notice, that , of , has instituted a cause against you, in the [Here insert the name of the Prize Court], by writ of that Court, dated the day of , A.D. 19 , for [Copy the words of the writ showing the object for which the cause is instituted], and you are required within days after the receipt of this notice, inclusive of the day of such receipt, to cause an appearance to be entered for you in the Registry of the said Court to the said cause; and in default of your so doing the said Court may proceed therein and judgment may be given in your absence.
You may appear to the said writ by entering an appearance personally or by your solicitor at the (Here insert the Registry of the Court].
(Signed) , of , &c.,
or , of , &c.
Solicitor for .

N.B.—This notice is to be used where the person to be served out of the jurisdiction is not a British subject, or the ship or goods are not the property of a British subject.

No. 8.

ENTRY OF APPEARANCE.

[Heading and Title as in No. 1.]

O. III. r. 1.
O. XXX.
O. XXXII. r. 5.
Enter an appearance for , owner of the ship , above-mentioned [or as the case may be].
Dated the day of , 19 .
(Signed) , of .

• Address for service .
  Solicitor for the above-named , or agent for , of , Solicitor for the above-named, .
• An address for service within three miles of the Registry must be given.

No. 9.

CLAIMS IN CAUSES FOR CONDEMNATION.

[Headings and Titles as in No. 1.]

(i.) Claim by Master.

O. III. r. 3.
The claim of , the master of the , a subject of His Majesty the King of [or a citizen of , as the case may be], on behalf of [Fill in name of owner of ship], of [Residence of owner], also a subject of His Majesty the King of [or as above], the true, lawful, and sole owner of the said ship, her tackle, apparel, and furniture, at the time she was taken and seized as prize by His Majesty’s ship , Commander, and brought into [and, if the shipowners are also owners of the cargo or of part thereof], and of [Describe the cargo, giving numbers, weight, and description] laden on board the said ship at the time of the capture thereof aforesaid [and if claim is made on behalf of cargo-owners]: