✨ Prize Court Decrees
Aug. 29.] THE NEW ZEALAND GAZETTE. 3387
(xvi.) In Prize Salvage. O. XXX. O. XII.
Where Ship is brought in and released on Bail.
[Commencement as in Form (i.).]
The President [or Judge], having heard the claim, and the evidence thereon, and counsel on both sides, and, having been assisted by [Here state the names and descriptions of assessors, if any] pronounced due and awarded to , the recaptors, the sum of , being one-eighth part [or such other part as the Judge may determine] of the appraised value of the said ship [or of the estimated value of the said ship as agreed on between the claimant and owner and the recaptors, and approved by the Court], and further decreed that the costs of the captors of and incidental to this cause should be paid by the claimant, and condemned the claimant and his bail in the said sum of , and the said costs.
(xvii.) In Prize Salvage. O. XXX. r. 2. Naval Prize Act, 1864, s. 41.
Where the Ship has been allowed to prosecute her Voyage.
[Commencement as in Form (i.).]
The President [or Judge], having heard the evidence and counsel on both sides, and having been assisted by [Here state the names and descriptions of assessors, if any], pronounced due and awarded to , the recaptors, the sum of , being one-eighth part [or such other part as the Judge may determine] of the value of the said ship as proved by the owners, and accepted by the recaptors, and approved by the Court [or of the estimated value of the said ship as agreed on between the owner and the recaptors, and approved by the Court, or as ascertained by appraisement of the marshal, [as the case may be], and further decreed that the costs of and incidental to this cause should be paid by the owner, and condemned the said ship [and cargo] in the said sum of , and the said costs ; ordered and directed the said ship to be appraised [if not already appraised] and sold by the marshal, and the said sum of and costs to be paid to the recaptors out of the proceeds of such sale ; but ordered and directed that if the said owner should pay the said sum of and costs within days from the date hereof, the said ship [and cargo] should be released to the said owner [or if the ship has not been arrested, condemned the said owner in the said sum of , and the said costs, and ordered him to pay the same, or ordered and directed a warrant to issue for the arrest of the said ship and cargo].
(xviii.) In Joint Capture. O. XXXII.
Pronouncing on Condemnation for or against Title to Share.
[Commencement as in Form (i.).]
The President [or Judge], having heard the claim, and the evidence thereon, and the counsel for the claimants A.B., &c., and for the captors C. D., &c., and for the alleged joint captors E. F., &c., and having been assisted by [Here state names and descriptions of assessors, if any] rejected the said claim ; pronounced the said ship to have belonged at the time of capture and seizure thereof to enemies of the Crown of Great Britain, and, as such or otherwise, subject and liable to confiscation ; pronounced for [or against] the title of the said E. F., &c., to share as joint captors of the said ship, and condemned the said ship [as also the freight due for the transportation of the cargo lately laden therein, if any] as good and lawful prize, and as taken by His Majesty’s ship [Name of ship of original captors, and if the title of the joint captors is pronounced for, add jointly with His Majesty’s ship [Name of ship of joint captors], [and further decreed that the costs of the said E. F., &c. [or the said C. D., &c.], of , be paid by the said C. D., &c., or E. F., &c.].
The President [or Judge] further ordered the said ship to be appraised and sold by the marshal.
(xix.) In Joint Capture. O. XXXII.
On Condemnation, reserving Questions, by whom taken.
[Commencement as in Form (i.).]
[Proceed as in last preceding Form down to the words “liable to confiscation,” and continue] and condemned the said ship [as also the freight due for the transportation of the cargo lately laden therein, if any] as good and lawful prize, but reserved the question by whom taken. The President [or Judge] further ordered the said ship to be appraised and sold by the marshal.
(xx.) In Joint Capture. O. XXXII.
Subsequent to Condemnation.
Pronouncing for or against Title to Share.
[Commencement as in Form (i.).]
The President [or Judge], having heard the claim and the evidence thereon, and counsel on both sides, pronounced against [or for] the title of E. F., &c., to share as joint captors of the said ship , and condemned the said ship [as also the freight due for the transportation of the cargo lately laden therein, if any] as taken by His Majesty’s ship , , commander [or as taken by His Majesty’s ship , , commander together with His Majesty’s ship , , commander] ; and he condemned E. F., &c. [or C. D., &c.] in the costs of .
(xxi.) In Joint Capture. O. XXXII.
Before or subsequent to Condemnation.
Admitting Petition to Proof, or Dismissing Petition.
[Commencement as in Form (i.).]
The President [or Judge], having read the petition of A. B., and having heard counsel for the petitioner and for the respondent,, admitted the said petition to proof [or dismissed the said petition, and condemned the said A. B. in the costs of the respondent].
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1914, No 93
NZLII —
NZ Gazette 1914, No 93
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Decrees
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⚖️ Justice & Law EnforcementDecrees, Condemnation, Ship, Cargo, Claim