3384
THE NEW ZEALAND GAZETTE.
[No 93

(iii.) Oath to be Administered to Shorthand Writer.

I swear by Almighty God that I will faithfully report and transcribe the evidence of the witnesses to be produced in this cause.

(iv.) Oath to be Administered to an Interpreter.

(a.) General Form.

I swear by Almighty God that I well understand the English and languages and that I will truly interpret and explanation make to the Court and the witness of all such matters and things as shall be required of me to the best of my skill and understanding.

(b.) Before Swearing a Deponent.

I swear by Almighty God that I well understand the English and languages, and that I have truly, distinctly, and audibly interpreted the contents of this affidavit to the deponent, , and that I will truly interpret the oath about to be administered unto him.

[NOTE.—The interpreter need not sign the affidavit.]

No. 51.

O. XXII. r. 4. DECLARATIONS IN LIEU OF OATHS.

(i.) By Witness.

I solemnly promise and declare that the evidence given by me shall be the truth, the whole truth, and nothing but the truth.

(ii.) By Deponent.

I solemnly declare that this is my name and handwriting, and that the contents of this affidavit are true.

No. 52.

O. XXVII. ORDER (GENERAL FORM).

[Heading and Title as in No. 1.]

[Insert name of Judge or Registrar and whether in Court or Chambers].

Upon hearing [counsel, solicitors or witnesses, as the case may be] and upon reading the affidavit of , filed the day of , 19 , and [State all further evidence before the Court].

It is ordered that .

and that the costs of this application be .

Dated the day of , 19 .

No. 53.

DECREES.

O. XXVII. (i.) On Condemnation of Ship, or Cargo, or Ship and Cargo; where Claim made.

[Heading and Title as in No. 1.]

On the day of .

Before , President [or Judge].

The President [or Judge] having heard the claim of A. B., claimant of the said ship (and of the cargo thereof) [or if there is a separate claim for cargo, and of C. D., claimant of the cargo of the said ship ], and the evidence thereon, and counsel for [Insert the names and descriptions of the parties heard], and having been assisted by [Here state names and descriptions of assessors, if any], rejected the said claim [or claims], pronounced the said ship [and the said cargo] [or the said cargo] to have belonged at the time of capture and seizure thereof to enemies of the Crown and, as such or otherwise, subject and liable to confiscation, and condemned the same [if, on condemnation of ship alone, freight is due, add as also the freight due for the transportation of the cargo lately laden therein] as good and lawful prize, and as taken by His Majesty’s ship , commander, and ordered the said ship to be appraised and sold by the marshal [or if both ship and cargo, or cargo alone, ordered the said cargo to be unladen and appraised and sold by the marshal], [and if the Judge should give the claimants their costs and expenses, add] but directed the costs and expenses of the claimants to be paid out of the proceeds of such sale of ship (or cargo), and referred such costs and expenses to the registrar to ascertain the amount thereof.

O. XXVIII. (ii.) For Detention.

[Commencement as in Form (i.).]

The President [or Judge] having heard the claim of A. B., claimant of the said ship [and of the cargo thereof, or as the case may be], and the evidence thereon, and counsel for the Crown and [Insert the name and description of the claimant heard], pronounced the said ship [and the said cargo, or as the case may be] to have belonged at the time of seizure to enemies of the Crown and to have been seized under such circumstances as to be entitled to detention in lieu of confiscation, and ordered the said ship to be detained by the Marshal until further order is issued by the Court.

O. XV. r. 8. (iii.) On Condemnation by Default.

[Commencement as in Form (i.).]

The President [or Judge] having heard the evidence and counsel for the [Crown or] captors, in default of appearance and claim of [Insert owners of ship, or as the case may be], pronounced, &c. [Adapt Form (i.).]