and that if due notice has before such time appointed been given of such examination to the agent acting on behalf of His said Majesty [or as the case may be] in this matter, you will cause such witnesses to be examined upon the interrogatories which accompany this letter of request (or viva voce) touching the matters in question in this cause in the presence of the agents of the parties, or such of them as shall, on due notice given, attend such examination.

And I further have the honour to request that you will be pleased to cause the answers of the said witnesses to be reduced into writing, and all books, letters, papers, and documents produced upon such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal, or in such other way as is in accordance with your procedure, and to return the same, together with such request in writing, if any, for the examination of other witnesses through His Majesty's Secretary of State for Foreign Affairs [or His Majesty's Secretary of State for the Colonies, or the Governor of ] for transmission to the said [Here fill in the name of the Prize Court].

(Signed)

President [or Judge of the Probate, Divorce, and Admiralty Division of the High Court of Justice of England, or as the case may be].

[Note.—If the request is directed to the High Court in India it should be transmitted direct, and the concluding sentence of the form altered accordingly.]

No. 43.

RETURN TO COMMISSION TO EXAMINE WITNESSES.

[Heading and Title as in No. 1.]

I, R. S., the [examiner or] commissioner named in the commission hereto annexed, bearing date the day of , hereby certify as follows :—

(1.) On the day of I opened the said commission at and in the presence of [State who were present, whether both parties, their counsel, or solicitors, or as the case may be], administered an oath to and caused to be examined the under-named witnesses who were produced before me on behalf of the to give evidence in the above-named cause, viz. :—

[Here state names of witnesses.]

(2.) On the day of I proceeded with the examinations at the same place [or, if not, state where] and in the presence of [as above] administered an oath to and caused to be examined the under-named witnesses who were produced before me on behalf of , to give evidence in the said cause, viz. :-

[State names of witnesses.]

(3.) Annexed hereto is the evidence of all the said witnesses certified by me to be correct.

Dated this day of .

(Signed) R. S., Examiner or Commissioner.

No. 44.

REGISTRAR'S REPORT AND REASONS.

[Heading and Title as in No. 1.]

Whereas the damages occasioned to the claimant [or as the case may be] by reason of the [capture, seizure, detention, &c.] of the ship [or cargo, &c.) have been pronounced for by the Court [and whereas such decree has been affirmed by His Majesty in Council], subject, however, to a reference to the Registrar [assisted by merchants] to assess the amount thereof.

Now I do hereby report that I have with the assistance of [State names and description of assessors, if any], examined the claim filed on behalf of , and having, on the day of , heard the evidence of witnesses [and also what was urged by counsel on both sides], I find that there is due to the in respect of claim the sum and interest in the schedule hereto annexed.

The are entitled to the costs of proving their claim [or as the case may be].

(Signed) N. O., Registrar.

Dated this day of .

Schedule annexed to the foregoing report.

With interest thereon from the day of , at the rate of per cent. per annum until paid.

(Signed) N. O., Registrar.