Aug. 29.] THE NEW ZEALAND GAZETTE. 337

6. The said enemy warship, which proved to be the of guns,
   and to be carrying a crew of hands, came on, and with the assistance of
   some torpedo-boats which were following her engaged the , but after a
   fierce engagement, lasting about half an hour, the said enemy warship was beaten
   off ard returned to the port of with the torpedo-boats, whereupon the
   said surrendered to the recaptors, and the prize crew in charge of her
   having been taken on board the , and a prize crew from the
   having been put on board the , the two vessels in company proceeded
   towards , and the was brought in safety into , where she
   now lies.

7. At the time cf the said engagement, His Majesty’s said ship was close
   to the island of , and owing to the gale and the dangerous nature of the
   coast she ran great risk of being driven on the rocks in manoeuvring during the
   said engagement, and the lives of the recaptors were thereby exposed to great
   risk and danger. In the said engagement the had men killed
   and men wounded, including officers.

8. By reason of the premises the and her cargo were saved from
   condemnation as prize to the enemy under circumstances of special difficulty and
   danger.

The said G. H. prays the Judge to award to the recaptors one-fourth of the
value of the said and her cargo, or such other sum as to the Judge shall
seem just, and costs.

(Signed) W. X.,
Counsel [or Party].

Delivered this day of .

Answer.
[Heading and Title as in No. 1.]

Answer.

J. K., solicitor for C. D., the owner [and claimant] of the said ship, and E. F.,
owner of the cargo thereof, defendants [or as the case may be], in answer to the
petition of the recaptors says as follows:—

1. The defendants [or as the case may be] admit that the said ship and her
   cargo were recaptured from the enemy by the recaptors, but deny that the recap-
   ture thereof was made under circumstances of special danger or difficulty entitling
   the recaptors to a larger part of the value of the said ship and cargo than one-eighth
   part.

2. The defendants [or as the case may be] do not admit that His Majesty’s
   said ship was at the time of such recapture engaged in protecting British
   ships as alleged. At the said time, His Majesty’s said ship was engaged, in con-
   junction with other vessels, in watching the said port of and in endeavour-
   ing to intercept and capture the said enemy’s ship of war the , and for
   such purpose was endeavouring to entice her out of the said port and bring about
   an engagement with her, and the fact that the said mail-steamer the
   made for such port in fact brought about the engagement so wished for and
   intended, and such engagement was not brought about and did not happen merely
   for the purpose of the recapture of the said ship, but took place in the ordinary
   course of duty and under the express instructions given to His Majesty’s said ship.

The said J. K. prays the Judge to pronounce that the recaptors are entitled
to one-eighth of the value of the said ship and her cargo, and no more,
and to condemn the recaptors in the costs of and occasioned by their claim for a
larger sum.

(Signed) Y. Z.,
Counsel [or Party].

Delivered this day of .

(iii.) PLEADINGS IN JOINT CAPTURE OR RECAPTURE. O. VII.
Petition. O XXX. r. 2.
[Heading and Title as in No. 1.] Naval Prize
Act, 1864,
Writ issued , 19 . sec. 36.

Petition.

J. K., solicitor for the plaintiffs [or as the case may be], says as follows:—

1. The plaintiffs [or as the case may be] are the commander, officers, and crew
   of His Majesty’s ship .

2. On the day of , His Majesty’s said ship sailed in company
   with and under the order of His Majesty’s ship , and under such order
   and in such company was cruising off the coast of [or describe position
   at the time].

3. About [State hour] on the said day a steamship was sighted bearing about
   , and signals were made by His Majesty’s ship to chase, and
   His Majesty’s said ships both steamed after the said steamship.

[Set out in separate paragraphs the circumstances founding a right of joint
capture or joint recapture, commencing by adapting the above paragraphs to the
facts of the case, and conclude.]

And the said J. K. prays that the Judge will pronounce that His Majesty’s
said ship is a joint captor (or recaptor) of the said ship (and
her cargo), and as such entitled to share therein.

Delivered this day of .

(Signed) W. X.,
Counsel (or Party).

Answer.
[Heading and Title as in No. 1.]

Answer.

G. H., solicitor for the defendants [or as the case may be], in answer to the
petition of the plaintiff [or as the case may be], says as follows:—

1. The defendants [or as the case may be] are the commander, officers, and
   crew of His Majesty’s [or the] ship .

E