Aug. 29.] THE NEW ZEALAND GAZETTE. 3369

2. No ship papers of any sort were delivered up or found on board the said ship or elsewhere at the time of the seizure or afterwards.
3. [If anything has occurred to account for the absence of papers state the facts.] Sworn, &c.

(Signed) A. B.

(iv.) By Person having Control of Ship Papers within the Jurisdiction. O. IV. r. 4.
[Heading as in Form (i.).]

I, A. B., merchant, of , make oath and say as follows:—

1. I am agent in this country for the owners of the said ship , and consignee of her cargo.
2. The said ship arrived in the port of on the day of , in the ordinary course of her voyage, and was about to discharge her cargo when she was seized as prize by the officers of His Majesty’s Customs in the said port.
3. Prior to such seizure the several papers and writings set out below were delivered to me in the ordinary course as agent aforesaid, to enable me to enter the said ship and procure the discharge of her cargo.
4. The papers and writings hereto annexed and numbered from No. to No. , inclusive, are all the ship papers which were so delivered to me, or came into my possession or control, and are brought in and delivered as they were received and taken, without any fraud, addition, subduction, or embezzlement, and in the same condition (save the numbering thereof) as received. Sworn, &c.
   (Signed) A. B.

No. 12.
NOTICE OF DISCONTINUANCE. O. VI.
[Heading and Title as in No. 1.]

Take notice that this cause is hereby discontinued [or, if not against all the parties appearing, as against the claimant , or as the case may be]. [If the discontinuance is as to part only of the subject-matter of the clause, so far as it relates to .]
[If by a claimant, that the claimant hereby discontinues his claim in this cause (or, as against, &c., or, so far as it relates to, &c., as above).]
Dated this day of , 19 .
(Signed) G. H., of , or Solicitor for the .

No. 13.
PLEADINGS.(a) O. VII.
(i.) PLEADINGS IN PROCEEDINGS FOR CONDEMNATION.
Petition.
[Heading and Title as in No. 1.]

Writ issued , 19 .

Petition.

J. K., solicitor for the claimants C. D. and E. F., says as follows:—

1. The owners of the above-named ship are C. D. and E. F. The said C. D. resides at , and is a subject of . The said E. F. resides at and is a subject of .
2. On the day of , the said C. D. purchased the said ship from G. H., of , a subject of , who assigned the said ship to the said C. D., by bill of sale dated the day of .
3. Prior to such assignment, the said ship was named the , and immediately thereafter the said C. D. changed the name of the said ship to that of the , and such change of name was duly entered at .
4. Immediately after such purchase and assignment, the said C. D., by bill of sale dated the day of , assigned shares in the said ship to the said E. F., and on the day of the said ship was duly registered in the names of the said C. D. and E. F. at , and a certificate of registry, dated the day of , was issued by , whereby it appears that the said C. D. and E. F. are the owners of the said ship, and they were at the time of such registration, and still are, the owners thereof.
5. On the day of the said ship loaded at a cargo of , and subsequently sailed therewith on a voyage from aforesaid bound to .
6. The said cargo consisted of [Describe the cargo, giving numbers, weight, &c.], and was on the account and risk of , who are merchants carrying on business at , and are subjects of , and upon the account and risk of no other person whatsoever.
7. Whilst upon the voyage aforesaid the said ship was taken as prize by , and although all the ship papers relating to the said ship and the said cargo were shown to the captors, she was brought into the port of for adjudication.
8. There were at the time of such capture no contraband goods on board the said ship, and no subject of [Insert the name of Government at war with Great Britain] or enemy of Great Britain had at the time of such capture, or at any other time material to the matters in this cause, any share, right, title, or interest in the said ship or cargo, or any part thereof.
9. There was no just ground for the capture and bringing in of the said ship. The said J. K. prays that the Judge will decree restitution of the said ship to the said C. D. and E. F., with damages and costs.

(a) NOTE.—These pleadings are given as examples only, and the forms should be adapted to the facts of each particular case.