3388

O. XXXII.
r. 8.

(xxii.) In Joint Recapture.

Pronouncing for Joint Title or Interest.

[Commencement as in Form (i.).]

The President [or Judge], having heard the claim, and the evidence thereon,
and counsel for A. B., &c., the claimants, C. D., &c., the recaptors, and E. F., &c.,
the alleged joint recaptors, and having been assisted by [Here state the names and
descriptions of assessors, if any], admitted the claim of A. B., &c. [proceed as in
Form (xiii) to the words "of the value of the said ship (or the cargo of the said
ship)"], and pronounced the said E. F., &c., to be the joint recaptors of the said
ship [or of the cargo of the said ship] and entitled to share in the said part.

The President [or Judge] further decreed that the costs of the recaptors of
and incidental to this cause should be paid by the claimants, and that the costs
of E. F., &c., the said joint recaptors, should be paid by [or such order
as to costs as the Judge may make].

The President [or Judge] further ordered and directed that the said value
should be ascertained by appraisement of the said ship [or the cargo of the said ship]
by the marshal, and decreed that in default of payment by the claimants of the
said part of the said value so ascertained as aforesaid, and of the said costs within
days after the return of the said appraisement by the marshal, the said
ship [or the cargo of the said ship] should be sold by the marshal, and the proceeds
of such sale paid into Court, and that the said part and the said costs
be paid to the recaptors out of the said proceeds, subject to the right of the joint
recaptors to share in the said part.

O. XXXII.
r. 8.

(xxiii.) In Joint Recapture.

Reserving Question to whom due.

[Commencement as in Form (i).]

The President [or Judge], &c. [proceed as in last preceding form to words of
the value of the said ship, or the cargo of the said ship, and then proceed], reserving
the question to whom such salvage is due and further reserving all questions of
costs.

O. XXXII.
r. 8.

(xxiv.) Rejecting Claim of alleged Joint Recaptors and pronouncing for sole Title
or Interest.

[Commencement as in Form (i).]

[Proceed as in Form (xiii) until the end of the clause decreeing restitution, and
continue] and rejected the claim of the said E. F., &c., to share as joint recaptors
in the said part [and condemned the said E. F., &c., in the costs of the
said C. D., &c., occasioned by the said claim of E. F., &c., to share as joint
recaptors].

[The rest of this decree is as in Form (xiii).]

O. XXXIII.
Naval Prize
Act, 1864,
ss. 42, 43.

(xxv.) In Prize Bounty.

[Commencement as in Form (i).]

The President [or Judge], having heard the notice of motion and the evidence
thereon, and having heard counsel for the applicants [Name and describe them],
and for [Any other parties appearing], pronounced and declared that the said
applicants being the [or some of the] officers and crew of His Majesty's
ship , commander, are entitled to prize bounty as being actually
present at the taking [or destroying] of the armed ship , belonging at the
time of capture [or destruction] thereof to an enemy of His Majesty, to wit [the
King of , or as the case may be], and [If head-money is given] that at the
beginning of the engagement there were on board the said enemy's ship
persons, and that the amount of prize bounty aforesaid is the sum of

O. XXXIII.

(xxvi.) In Prize Bounty.

On Claim to share as Joint Captors before Title declared.

[Commencement as in Form (i).]

The President [or Judge], having heard the notice of motion and the petition
of , the alleged joint captors, and the answer of the applicants and
respondents, and the evidence thereon, and having heard counsel for the several
parties, pronounced and declared prize bounty to be due in respect of the taking
[or destroying] of the armed ship , belonging at the time of capture [or the
destruction] thereof to an enemy of His Majesty, to wit [the King of , or
as the case may be], and [If head-money is given] that at the beginning of the engage-
ment there were on board the said enemy's ship persons, and that the
amount of prize bounty aforesaid is the sum of , admitted [or rejected]
the claim of the petitioners, and further pronounced and declared that the appli-
cants being the [or some of the] officers and crew of His Majesty's ship
, commander [If the claim of the alleged joint captors is admitted add together
with the petitioners, being the (or some of the) officers and crew of His Majesty's
ship , commander] are entitled to the said prize bounty as being
actually present at the taking [or destroying] of the said armed ship.

[NOTE.-For decree awarding bounty on condemnation of a ship of war,
see Form (v).]

O. XXXIII.

(xxvii.) In Prize Bounty.

On Claim to share after Decree for Prize Bounty made.

[Commencement as in Form (i).]

The President [or Judge], having heard the petition and answer read, and
the evidence thereon, and having heard counsel for the several parties, admitted
[or rejected] the claim of the petitioners, and pronounced and declared that the
petitioners being the [or some of the] officers and crew of His Majesty's ship
, commander, were [or were not] entitled to share with the
officers and crew of His Majesty's ship , commander, in the
prize bounty awarded and declared due by the decree of this Court.

[No. 93

THE NEW ZEALAND GAZETTE.