Aug. 29.

THE NEW ZEALAND GAZETTE.

3381

No. 38.

NOTICE FOR CAVEAT PAYMENT.

O. XIV. r. 6.

[Heading and Title as in No. 1.]

Take notice that I, C.D. [Description of applicant], in the above-named cause, apply for a caveat against the payment of any money [If for costs, add for costs] out of the proceeds of the sale [or of the freight of] the ship [or as the case may be] now remaining in Court, without notice being first given to me.

[If the person applying for the caveat is not a party to the cause, he must also state his address, and an address for service within three miles of the Registry.]

Dated this day of .

(Signed)
C.D.

No. 39.

CAVEAT PAYMENT.

O. XIV. r. 6.

[Heading and Title as in No. 1.]

Caveat entered this day of , against the payment of any money [If for costs, add for costs] out of the proceeds of the sale of the ship [or of the freight of, or as the case may be] now remaining in Court, without notice being first given to [State name and address of person to whom, and address at which notice is to be given].

On withdrawal of the caveat, add: Caveat withdrawn this day of .

No. 40.

NOTICE OF WITHDRAWAL OF CAVEAT.

O. XIV. r. 10.

[Heading and Title as in No. 1.]

Take notice that I withdrew the caveat [warrant, release, or payment, as the case may be] entered by me in this cause.

Dated this day of .

(Signed)
C.D.

No. 41.

COMMISSION TO EXAMINE WITNESSES.

O. XV. r. 11.

[Heading and Title as in No. 1.]

GEORGE the Fifth, &c. [as in No. 2].

To [State name and address of examiner or commissioner appointed], Greeting.

Whereas in a cause for commenced in Our said Court on behalf of against [ship or cargo, &c., or as the case may be] the Judge has ordered a commission to be issued for the examination of witnesses concerning the truth of the matters at issue in the said cause.

We therefore hereby authorize you upon the day of , 19 , at , in the presence of the parties, their counsel or solicitors, or in the presence of their or either of their lawfully appointed substitutes, or otherwise notwithstanding the absence of either of them, to swear the witnesses who shall be produced before you for examination in the said cause, and cause them to be examined, and their depositions to be reduced into writing. We further authorize you to adjourn, if necessary, the said examinations from time to time and from place to place, as you may find expedient. And We command you, upon the examinations being completed, to transmit the depositions and the whole proceedings had and done before you, together with this commission, to the Registry of Our said Court.

Witness, &c. [as in No. 2].

Commission to examine witnesses.

Taken out by .

No. 42.

REQUEST.

O. XV. r. 11.

To the President and Judges of [or as the case may be].

Whereas a cause is now pending in the [Here fill in the name of the Prize Court], in prize and the said cause is instituted on behalf of His Britannic Majesty for the condemnation of the ship and her cargo [or as the case may be] as prize, and the said ship and cargo [or as the case may be] is claimed by C.D., a subject of [or, and the said cause is instituted for the recovery of prize salvage or to establish a claim of joint capture by E.F. against A.B.

And whereas it has been represented to the said Court that it is necessary for the purposes of justice, and for the due determination of the matters in dispute in the said cause, that the following persons should be examined as witnesses upon oath touching such matters, that is to say:-

T.U., of ,
W.X., of ,
and Y.Z., of .

And it appearing that such witnesses are resident within the jurisdiction of your honourable Court.

Now I, , President [or, one of the Judges, as the case may be] of the said [Here fill in the name of the Prize Court], have the honour to request that for the reasons aforesaid and for the assistance of the Court you as the President and Judges of the said [Here fill in the name of the Court to which the request is addressed], or some one or more of you, will be pleased to summon the said witnesses [and such other witnesses as the said C.D. or his agents may humbly request you in writing so to summon] to attend at such time and place as you shall appoint before some one or more of you, or such other person as according to the procedure of your Court is competent to take the examination of witnesses,