Prize Court Forms




Aug. 29.] THE NEW ZEALAND GAZETTE. 3375

No. 21.
WARRANT OF ARREST.
[Heading and Title as in No. 1.] O. X. r. 3.

GEORGE the Fifth, &c. [as in No. 2].
To the Marshal of the [Here fill in the name of the Prize Court].
We hereby command you to arrest the ship , of the port of ,
and the freight due for the transportation of the cargo now or lately laden therein
[or, if both ship and cargo to be arrested, and the cargo now or lately laden therein,
together with the freight due for the transportation thereof], and to keep the
same under safe arrest until you shall receive further orders from Us.
Witness, &c. [as in No. 2].
Taken out by .


No. 22.
AFFIDAVIT TO LEAD WARRANT OF ARREST.
[Heading and Title as in No. 1.] O. X. r. 4.

I, , make oath and say as follows:—

  1. I am the owner of sixty-fourth shares [or master, or as the case
    may be] of the ship , [or cargo, &c.] [or I am the commander of His
    Majesty’s ship of war , or whatever rank, title, or position is held by the
    deponent].
  2. The said ship has been taken as prize and brought into [or seized
    and is now in] the port of within the jurisdiction of this Court, but has
    not been delivered up to the Marshal of this Court.
  3. [State circumstances, if any, showing probability of ship not remaining
    within the jurisdiction.]
  4. The aid and process [or I am informed and believe that the aid and process]
    of this Court are required to restrain the said ship from proceeding out
    of the jurisdiction of this Court [or to enable me to enforce my said claim or to
    obtain restitution of the said ship, or as the case may be].
    Sworn, &c.
    (Signed) .

No. 23.
COMMISSION OF APPRAISEMENT AND SALE.
[Heading and Title as in No. 1.] O. XI. r. 2.

GEORGE the Fifth, &c. [as in No. 2].
To the Marshal of the [Here fill in the name of the Prize Court], Greeting.
Whereas in a cause for instituted in Our said Court on behalf of
[if in personam, add against ].
The Judge has ordered the said [State whether ship, cargo or part of cargo,
as the case may be] to be appraised and sold. We therefore hereby authorize
and command you to reduce into writing an inventory of the said [ship, &c.,
as above] and, having chosen one or more experienced person or persons, to swear
him or them to appraise the same according to the true value thereof, and, upon
a certificate of such value having been reduced into writing, to cause the said
[ship, &c., as above] to be sold by public auction for the highest price, not under
the appraised value thereof, that can be obtained for the same. And we further
command you, immediately upon the sale being completed, to pay the proceeds
arising therefrom into Court, and to file the certificate of appraisement signed
by you and the appraiser or appraisers, and an account of the sale signed by
you, together with this Commission.
Witness, &c. [as in No. 2].
Commission of appraisement and sale, .
Taken out by .
[Where appraisement or sale only is ordered the words not required in the above
form must be omitted.]
[Where the order is for removal, survey, safe custody, or otherwise, the above
form must be adapted accordingly.]


No. 24.
CERTIFICATE OF APPRAISEMENT.
[Heading and Title as in No. 1.] O. XI. r. 5.

I, , Marshal of the [Here fill in the name of the Prize Court], do certify
that, by virtue of a Commission of dated the day of ,
19 , and issued in this cause, I have chosen of and of
, who are [or who, I am informed and believe are] two experienced persons
and have sworn them to appraise the [ship, cargo, part of cargo, &c., as the case
may be] according to the true value thereof.
And we the said and whose names are hereunto subscribed,
do certify that by virtue of our said oaths, we have faithfully and justly appraised
the said [ship, &c., as above] at the sum of .
In witness whereof we have hereunto respectively set our hands this
day of , 19 .
[Signatures of Marshal and Appraisers.]
[Where there are more or less than two appraisers the above form must be altered
accordingly.]



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1914, No 93


NZLII PDF NZ Gazette 1914, No 93





✨ LLM interpretation of page content

⚖️ Warrant of Arrest for Prize Court

⚖️ Justice & Law Enforcement
Warrant, Arrest, Prize Court, Ship, Cargo

⚖️ Affidavit to Lead Warrant of Arrest

⚖️ Justice & Law Enforcement
Affidavit, Warrant, Arrest, Prize Court, Ship

⚖️ Commission of Appraisement and Sale

⚖️ Justice & Law Enforcement
Commission, Appraisement, Sale, Prize Court, Ship, Cargo

⚖️ Certificate of Appraisement

⚖️ Justice & Law Enforcement
Certificate, Appraisement, Prize Court, Ship, Cargo