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 in iiii lipiii im i m uuMinmii p piu i i i um 
 
 
 THE 
 
 RULES AND REGULATIONS 
 
 0? THE 
 
 COITS OF YIC 
 
 BRITISH 
 
 IBALTY 
 
 NDENCIES, 
 
 IMPER 
 
 2 Will. 4, O. 61, 26 
 
 WITH THE 
 
 STATUTES 
 
 C. 24, and 30 and 31 Vict. O. 46. 
 
 COMPILED BY 
 ^ALFRED A. STOCKTON, Esq., LL. B-, 
 BABRISTER-AT-LAW. 
 
 ST. JOHN, X. B. : 
 
 ^niVT^D BV GEO. W. DAY, OHARr-OTTE ST., OPPOSITE KIXO SQUARE, 
 
 1876, 
 
 J 
 

 i„M 
 
 1 
 
 '■•■:■ /- .i^ f.v ,-r .. ... 
 
 .» 
 
: f 
 
 PREFACE. 
 
 h\ 
 
 kJ k.. 
 
 if, i 
 
 The compilation of tliis work was undertaken foi" the purpose of 
 »| 4 1'i.ving a felt want in the Profesfion. Ifitherto the Practice of 
 '|tlie Court of Vice -Admiralty in this Province has been almost un- 
 Jknown to the mt\jority of the Profession, because of the great diffi- 
 culty of access to any work containing the Kules and Regulations of 
 the Court. Only two or three copies of the Rules and Regulations 
 governing the practice of Vice- Admiralty Coiuts in the Britisli 
 Colonies are in the hands of practitioners in this Province, and these 
 copies are almost sealed books, exccjit to thoir fortunate })Ossessor8. 
 
 The publication of this work is intended to removed thirf great 
 inco!ivenience. Its coinimrativo cheapness will place it wit'/iiu the 
 reach of all. It will be as useful in every British Province, where a 
 Vice- Admiralty Court has been established, as in New Brunswick. 
 The list of existing Courts to which this observation applies, may be 
 seen on page 1 .'i6. 
 
 It will be found to contain all the Rules and Regulations of the 
 Court ; all the foi-ms required in ordinary use ; full tables of fees ; 
 and the Imperial Statutes, 2 AVill. 4. C. ")J,26Vic. C. 24, and 30 
 Imd ?>1 Vict. (.'. 4">, together with the Orders in Council founded 
 iipon those Statutes. The Forms are numltered in the order as they 
 appear in this work, but within brackets opjiosite are the numbers 
 by which they may be referred to in the oM book. To have jiro- 
 duced in this book all the Forms, would have involved too heavy an 
 outlay, without in reality adding materially to its value. The Forms 
 given are those in cmmou use, and the in-actitioner will find them 
 amply sufficient for all ordinary purposes. The Imperial Statutes 
 a>'e not generally available, and their publication herewith will be 
 found a valuable addition. 
 
 The Index has boon oai-efully i)ie))arod, and, it is hoped, will be 
 found to contain all that is required for ready reference. 
 
 Mr. (/'ootp: in his worli on Admii'alty Practice says : '* The modern 
 growth and present eminence of the Court of Admiralty is one of the 
 pi'ominent facts of the day." In England this gi-owth and public 
 iavor were the result of wise legislation, enlarging the jurisdiction of 
 the Court, and the adoj^tion of i)rudent reforms in procedure. 
 While rendering the Court in England more efficient, and capable 
 )f meeting the requirements of modern commerce, the British Pav- 
 
 M4?>:^c 
 
IV. 
 
 PREFACE. 
 
 liament h^s not been unmindful of the Vice- Admiralty Coiu'ts 
 abroad. 'I'lie enlarged jurisdiction jriven them by 26 Vic, Cap. 24, 
 has greatly increased their ability for usefulness, and added to their 
 importance. The Court now exercises jurisdiction over a very large 
 number of matters touching our Merchant Marine, and concerning 
 Avhich disputes are daily aiising demanding speedy .ic^justment. 
 As a Maritime people, our business relations are closely identified 
 and interwoven with extensive and varied shipping interests, and it 
 is a little surprising that more frequent resort has not been had by 
 suitors to this Court for redress. Its proceedings are prompt and 
 etlective, and when better understootl will command greater favor 
 and supijort. 
 
 In the prei)aration of this work my thanks are duo, and are here- 
 by tendered, to His Honor Mr. Justice Watters for valuable sug- 
 gestions; and to the Advocate (reneral, Wm, Jack, Esq., Q. C, for 
 kindly placing at my disposal his copy of the Rules and Regulations 
 of the Court. 
 
 A. A. STOCKTON. 
 
 18 Charles Street, St. John, N. B., 
 December, 1876. 
 

 RULES AND REGULATIONS. 
 
 § 1. As to the holding of Courts. 
 
 Courts nro to be regularly licld jit siiort intervals by 
 atljonrnnioiit from day to tlav : but the Jndijo is aiitbor- 
 i/ed to sit on any intermediate day as liereinafter provid- 
 ed, in case the despatch of business, or other necessity 
 shall require. Tiie practice which lias prevailed in many 
 of the Vice-Admiralty Conrts of presentinp; a petition to 
 the Ju<li!;e to appoint a day for holding a Court, is from 
 henceforth to cca-c. 
 
 The Jndge is to be at convenient times accessible at 
 his (chambers, that lie may Ite, if necessary, consulted by 
 the J-Jcu'istrar on any incidental matter, or for the pur- 
 pose of iieai'ini;- a moticMi by Counsel, or directing the sale 
 of ['Ciishaljlc goods, or doing any other act which the 
 emergency of a case may render requisite to be done. 
 
 § 2. 
 
 Siirrofjafe.^:. 
 
 Tlie admitted Advocates of each Court are to be ap- 
 pointed Surrogates, to do, in the alj.scnce of the Judge, 
 ordinary, or common form acts (but none other), such as 
 the administering an oath to a witnes.-^, decreeing a mo- 
 nition, taking bail, and the like: but in those Courts in 
 which the Advocate is allowed to act as Proctor also, no 
 judicial act of any kind is to lie sped by a ])ractitioner in 
 any cause in which he may be professionally retained or 
 interested. 
 
 When an Advoc^ite is to be admitted a Sun-oy-ate, he is 
 to attend with the Registrar before the Judge, and, on 
 beins; sworn faithfullv to execute his office, is to l)e ad- 
 niitted. The llegistrur is then to make an entry of such 
 admission in the Minute or Assignation Book, and attest 
 the same. 
 
 § 3. Iicgi.sf.rar and JIars/tol fo he ncorn. 
 
 Thepersonstobe appointed to execute tiie several ofrlces 
 of Registrar and Marshal are to be sworn faitlifully to per- 
 form their respective duties. 
 
 1, 
 
2 KULES AND KKUlJ NATIONS. 
 
 § 4. Ih'ii'iatnj Office. 
 
 The Ri\i;'it^tn- ot'tliu (.'ourt is to Le accessible to suitors 
 at convenient iiours in the day tliroui,^liont the year ; and 
 a person of competent skill and knowledge is to be in re- 
 gular attendance there tor all requisite i)urposes. 
 
 i; 5. Iic(/i^(rar's JJuO'cs. 
 
 The duty of Ueuistrar is to attend all .sittings of the 
 Court, and also before the Judge, or SurrogavC in Cham- 
 bers, and to make minutes of every act of Court or de- 
 cree, and to enter the same in an Assignation liook, to 
 be kejit for the i)urpose, Avhich is to form a recortl of the 
 proceedings of the Court ; he is to lile, or take the <3UStody 
 of all i»leas, depositions, documents, exhibits, and j)apers 
 brought into Court, recording the receipt thereof in the 
 Assignation Book, briefly stating the i>apers so received, 
 ivnd the date of their receipt. He is to take the deposi- 
 tions of all witnesses examined upon pleas and interroga- 
 tories. If from illness, or any other sutiicieiit cause, he 
 should be unnble to perform this duty, lie may, with the 
 consent of the Judge, appoint some other competent per- 
 son to act for him on those occasions. He is to make, or 
 procure to be made, translations of such documents in 
 foreign languages brought into Court as may be required 
 by the Judge or b}' the Proctor of either party. He is to 
 make and to attest copies of all records, documents, and 
 papers that may be requisite. He is to draw all bail- 
 bonds, or recognizances, and to be present at and attest 
 the execution thereof before the J adjure or Surrogate. He 
 IS to prepare, sign, and seal all warrants, commissions, 
 and instruments issuing under the seal of the C jurt. He 
 is also to collect from the practitioners, and receive for the 
 Judge's use, the fees payable to him. He is to have the 
 custody of all monies jiaid into Court, and to remit theiii 
 when required, by bills of exchange or other valid secu- 
 rities, to England. He is ju-ohibited from acting either as 
 Advocate or Proctor in any suit, matter, or proceeding in 
 the Court of which he is Registrar. 
 
 § 6. MarshaVs Dalles. 
 
 The Marslial is to attend the Judge in Court on all 
 court-days. He is to inquire and report as to the suffici- 
 ency of persons proposed for bail. He is to execute all 
 
 ) 
 
 m 
 
 ■ti i xi I I i i Um II 
 
HULKS ANr REUULATIONS. 
 
 3 
 
 \ I 
 
 Mich warrantH, decreos, iiioiiitions, i\uO otlicr inf^triinifiitH 
 US sliull be issued from the Court, iiiid he directed to liiiii ; 
 and lie is to make (hie returns tlioreof. 
 
 Ill cases wliere, in order to avoid expense, it may he 
 (U'emed requisite to emph\v others than the Marslud to 
 ^'xecute jtroecss at any i^^reat distance from the ('ourt, the 
 instrument is to he a(hlressed as follows: — 
 
 "To all and singular Mayors, Justices of ihc Peace, 
 l>ailifis, ronstahles, Officers and Ministers of Justice, or 
 literate persons whomsover, and more especially to the 
 Collector and Comptroller of our CustoiUK at the port 
 
 of- ■ ;" or in some similar form, if more ai)propriate 
 
 to the existing authorities in the colony. 
 
 And on those occasions either the Collector or Comji- 
 troller of the Customs is to be preferred, unless they ar^ 
 pjirties to, or interested in, the suit. 
 
 And with the same view of avoiding expense, it is ex- 
 jjcdient that other duties which properly belong to the 
 <)fHce of Marshal, and which require to be performed at si 
 <listance from tlie Court, be executed by others ; in which 
 cases, commissions are to be addressed specially to any 
 competent persons byjiame resident near the place where 
 such duties are to be performed. 
 
 § 7. Proc_eedw(/s by Action. 
 
 These are to commence with an entry by a Proctor, in 
 a book to be kept in the Registry for that purpose, called 
 the '-Action Book," of the action in \\ given sum sufK- 
 cient to cover the demand and the probable amount of 
 costs; but this sum is on no account to he-excessive. 
 Before any Avarrant is issued, the party applying for the 
 same is to exhibit to the Registrar an aflfidavit*, setting 
 forth the nature of the demand, that application for pay- 
 ment lias been made without efiect to the parties con- 
 cerned, and that the aid and process of the Court are 
 rc([uired for the enforcement thereof. Upon the leaving 
 of this affidavit in the Registry, a warrant, specifying 
 I he amount of the action, may issue to arrest the property 
 proceeded against, or the person in cases where personal 
 arrest is hiwful ; but personal arrest is never to be re- 
 sorted to when the ends of justice can I e otherwiitO 
 
 * Sec Foims, No. 1 t<j 6. 
 
\ 
 
 I! 
 
 I 
 
 
 4 
 
 RULES AND REQULATIONS. 
 
 obtained. Tlio Proctor, having obtained the warrant i'vom 
 tlio Uo:.;istrar, is to make a copy of it, and tlieii dolivcr 
 tiio warrant and r'opy to tlio Mar.sbsd, with instructions 
 lor the cxt'cntion of tlio [)rocos.s. It the instrnniont is to 
 bo served on a sliip, cargo, a!id froiglit at different phiees, 
 U8 many diflbrcnt copies thereof as uro rcqnisito must bo 
 made by tiie Proctor for tliat p'ir[)08e. Every copy is to 
 be examined witli the original by the Marshal, or the 
 person serving the instrnment. 
 
 i 
 
 '. \ 
 
 § 8. Execution of Wuncmts. 
 
 When a ship is, or a ship and cargo arc, to be arrested, 
 the warrant is to be affixed on the mainmast or some con- 
 spicuous part of the vessel for a short time, and a collated 
 copy of it left on board ; and when goods only are to be 
 arrested, (either for the purpose of proceeding against 
 such ifodds or the freiu'ht due thereon,) the warrant is to 
 be affixed for a short time on part of the goods, and a 
 colhited copy thereof left thereon, or with any person in 
 whose actual custody the goods may be. 
 
 In cases of personal arrest the warrant under seal of 
 the Con it must be siiewn to the party before ho is taken 
 into custody. 
 
 A certificate of the service of every warrant executed 
 l)y the Marshal is to be indorsed thereon, and signed by 
 him, in which he is to set forth the time when and the 
 mode by which the service was effected. 
 
 WliL'ii a warrant is served by any other person than the 
 Marshal, there must be, in addition to a similar certificate 
 of the person serving it, his atiidavit in verification 
 thereof. 
 
 The warrant having been served is to be delivered back 
 to the Proctor, to be by him returned into the Registry at 
 the time when it purports to be returnable ; and the 
 Registrar is then to attend with the I'roctor before ii 
 Judge or Surrogate, and enter a minute in the Assigna- 
 tion Book, that the warrant has been returned duly 
 served and executed. 
 
 § 9. Ap'pcamnce and Bail. 
 After the entry of an action, and before the issue of a 
 
Rl'LES AND ftEaULATIONS. 
 
 
 
 warrant, the (loft'iidaiit may voluntarily appear and j^ive 
 bail, jind thus avoid the oxpcnsc conseqiiont on the issue 
 of process. 
 
 An appearance ah)ne, without hail, may be Hufficien 
 for the purpose of contesting a suit, hut in cases of th.> 
 arrest of property or of the person, eitlier the demand 
 must be satisfied, or competent l)ail given before the pro- 
 perty or person is released from the arrest. 
 
 Ill order to avoid unnecessory detention wlicn the arrest 
 is to take place at a distance from the Court, a commis- 
 sion for taking hail is to accompany the warrant, as an 
 authority to the party serving the warrant to release the 
 individuel or tlie property on' sufUciont hail being given. 
 
 § 10. Proceeding by D(faulL 
 
 In tlie case of property arrested, and no party appear- 
 ing after the return of the warrant, the cause may proceed 
 by default, or iii poenam contumaricc. To this end, on the 
 day the warrant is returned, the parties cited and not 
 appearing, are, at the petition of the Proctor, to be pro- 
 nounced by the Judge or Surrogate to he in default, and 
 an entry to that cftbet is ^o be added by the 1-fegistrar to 
 the minute on the retur.i ♦ f the warrant in the Assigna* 
 tion Book. 
 
 At the expiration of two months from the return of the 
 warrant, if no appearance be given, the parties cited are 
 again to be pronounced in default, and the promoter is co 
 bo entitled to a decree pronouncing for the amount of his 
 demand, and giving him a lien on the property ; whicli 
 decree is to be drawn by the Proctor, who, after it has 
 been perused and settled by the Registrar, is to make a 
 fair copy of it for the Court. 
 
 An aflidavit in verification of all the facts mentioned 
 in the decree is to be made by the party proceeding, 
 which ailidavit is to be drawn by the Proctor, and sub- 
 mitted to the Registrar*. 
 
 The Proctor is then to prepare a short case detailing 
 the proceedings, which Avith a copy of the affidavit he is 
 to deliver to counsel as instructions to move the Court 
 
 *Sec Forms Nob. 7 and 8, 
 
 -.6; 
 if 
 
 
i 
 
 6 
 
 RULES AND REGULATIONS. 
 
 tosi<ni tlie decree, ot wliicli, when signed by the Judge, 
 the Ke'T-istnti' is to make ii niiiuite in the Assig;iaticni 
 Book. 
 
 On the same Court day, or on any subsequent adjouniod 
 Court day, if an affidavit* of two persons bo exliibited, 
 statin.<> that the property proceeded against is perishable 
 and likely to deteriorate in value, the Judge is to direct a 
 d.ecree oi" a[)pn)isenient and sale to issue, of which the 
 Registrar is also to make an entry. This decree is then 
 to be doUvored by the Registrar to the Proctor, and by 
 the latter to the Marshal, with instructions for its execu- 
 tion. The Marshal is thereupon to select a broker, or 
 other person conversarit with the value of the property^ 
 and to administer an oath to him Justly and faithfully to 
 inventorize and appraise the ship, her tackle, apparel, 
 and furniture, or the goods, as the case may be. An in- 
 ventory and appraisement are then to be made, and tlie 
 Marshal is to cause the property to be publicly advertised 
 by printed bills or otherwise, and, after sufficient public 
 notice of the intended sale, to be sold by auction. The 
 sale being completed, the Marshal is to return the decree 
 (with his certiiicate as to the execution thereof) into 
 Court, or before the Judge or Surrogate in Chambers, and 
 to bring ill at the same time the inventory and appraise- 
 ment, with a more extended return of the Marshal and 
 appraiser, signed by them, setting forth the particulars 
 and the value of the ship or goods as appraiscti ; and he 
 is also to bring the account of sales and proceeds into the 
 Registry within the time specified in the decree. 
 
 If the property be of considerable value, two brokers or 
 appraisers may be employed, provided there is sufficient 
 reason for the same. The property is never to l-e sold 
 under the appraised value unless by special order of the 
 Court ; and if the appraised value cannot be obtained 
 after an attempt to sell, the Marshal is to exhibit an affi- 
 davitf, of at least two persons, stating that the property 
 had been duly advertised and put up at public auction, 
 when only a certain sura was bid for tlie same. And if 
 the Judge be then satisfied that all has been done as pro- 
 perly and f>urly as if the owner himself had been selling 
 his own property, he is to direct the same to be sold at a 
 reduced price, but not for less than a sum which he in his 
 
 * See Form No. 9. 
 
 t See Form No. 10. 
 
 t 
 
, * 
 
 RULES AND UKGULATIONS. 7 
 
 discretion is to fix. A minute of such order is to be 
 entered by the Kegir5trar in tlic Assignation Book, and 
 the propoi ty i.s tlion to be oflered again to sale by public 
 auction. 
 
 \Vhcn the procceda are brought into the Registry, tlic 
 Registrar may pay out of Court to the patty proceeding, 
 on his application for that purpose, the amount of the 
 debt pronouvjcod for, together with the costs of the suit, 
 the same being first duly taxed and allowed by the Judge. 
 
 AVhen p decree pronouncing for tlie interest of a party 
 proceeding by default has been'signed by the Jtidgo, or any 
 other party should also proceed against the property, he 
 will be entitled, on motion of Counsel, to have his inteiest 
 pronounced for by an interlocutory decree, after the war- 
 rant has l)een returned two months, and a second default 
 has been incurred in his particular suit. On this occasion a. 
 similar aiHdavit must be exhibited to that recpiired on 
 obtaining the decree for the interest of the party who had 
 originally i)roceeded by default. 
 
 The balance of proceeds, if any renu..n in the Registry 
 after satisfying the amount pronounced for and costs, 
 may, on production of the Ship's Jiegister or other satis- 
 factory ev'.^.-jnce of ownership, be paid out to the owner. 
 But if his application be made within a year and a day 
 from the return of the warrant, he is to give bail to an- 
 swer latent demands. 
 
 The sutficiency of sureties is to be reported upon by 
 the .Marshal, and the bail must be given in the manner 
 hereinafter mentioned rorpccting bail to answer an action 
 in a contested suit. 
 
 In a case proceeding l)y default or ?>> jMnmm, the owners 
 of the property are to be allowed to contest the suit at 
 any time before the ex}tiiation of a jear and a day from 
 the return, of the w.irrant; but if they neglect to appear 
 until they have been pronounced in 'default, they must, 
 on appearing, \y.\\ contumacy fees, viz., all the costs oc- 
 casioned by such their neglect, i'X'luding tlie charges 
 for keeping possession beyond the time s'pecified in the 
 warrant for its return, which costs are to be taxed bv 
 the Court. 
 
 § 11. Contested Suits. 
 
 In contested suits the property remains in the custody 
 of the Court, but it the release thereof be a material ob- 
 
1 
 
 RR9B3 
 
 8 
 
 IIULES AND Rl'UULATIONS. 
 
 ject to tlie o'.vner, or to the party defendant, it may be 
 <lelivG-rod to him on snfHcient i)ail by two [lorsons several- 
 ly in the amount for which the action lias been entered. 
 Causes of possession, however, are not baihibUi unless by 
 the special direction of the Judge. Bail to answer an 
 action, and all bail-bonds or recognizances are to be 
 iriven, in tlie followinir manner: 
 
 The Proclor who is to produce the sureties is to furnisb 
 the Marshal and also the adverse Proctor with the parti- 
 culars, in vviitinir, of the names of the projjosed bail, 
 their address and occujiation; and the Marshal, having 
 made due inquiry as to their sufliciency, is 1o deliver bis 
 report thereon t(^ the Proctor proposing the bail, who is 
 then to instruct the Registrar to prepare the bail-bond. 
 The Registrar, the two Proctor^;, and their sureties, are 
 then to attend the Judge or Surrogate, and, n[»on the re- 
 cognizances being duly entered into, the property 'N to be 
 released upon an instrument to be drawn by the Mar- 
 shal and issued immediately after bail has been given. 
 This form is to be dispensed with when the bail is taken 
 b}' commission. 
 
 It is competent to the adverse Proctor to object to tlie 
 proposed sureties, in which case the Judge is immediately 
 to decide on tbe validity of the objectioi;s. Ir'the adverse 
 Proctor do not attend at the production of the sureties, 
 tbe bail may be taken ex parte upon ai' affidavit *, to be 
 prepared by the Proctor producing them, that be has 
 given twenty-four hours' notice in writing of their names, 
 address, and occupatioij, whicli atUdavit is to be left in the 
 He<ji:istrv. 
 
 Should a party appear under protest, either objecting 
 to the jurisdiction of the Court or on any other ground 
 on which he means to contend that he is not liablo to 
 answer the action, bis appearance must be entered by the 
 Registrar in the Assignation Book as given under pro- 
 test, and the party so appearin<r is to be assigned to 
 <leliver his act on protest to the adverse Proctor within a 
 limited tiraef. The same course of proceeding is to be 
 pursu-ed on the act on protest as in cases of acts on peti- 
 tion (hereatter stated) ip to the time of the hearing, when 
 the Judge is either to ronounce for the protest and dis- 
 miss the suit, or ov( ule the protest and assign the 
 
 * See F.rm of Affidiivit No. 11. 
 
 t See Form of Act No. 12. 
 
RULES AND REGULATIONS. 
 
 i 
 
 I 
 
 party to appear absolutely, and the cause is then to pro- 
 ceed as it no a[tpearaiico on protest liad been given. 
 
 In contested suits the facts may be established either 
 by libel or plea, and the examination of witnesses thereon 
 styled " riea and Proof;" or by an " Act on Petition," 
 supported by atiidavits, to which may be annexed exhibits 
 or other documents to be verified in the affidavits. 
 
 § 12. Proceedings by Plea and Proof. 
 
 When an appearance has been entered, the defendant 
 is entitled to an assignation on the plaintiff to exhibit a 
 libel within a time to be limited by the Judge. 
 
 The libel or plea is to be drawn by the plaintiff's Proc- 
 tor* and settled by Counsel, and then a fair copy, signed 
 by Counsel, is to be made for the Court, and brought in 
 pursuant to the assignation ; a copy is also to be deliv- 
 <3red to the adverse Proctor, and each Proctor is entitled 
 to make copies for the use of his Counsel at the hearing. 
 
 There may be annexed io the libel or plea, documents 
 or exhibits pleaded or referred to therein, of which copies 
 are to made in like manner, the originals being brought 
 into Court. And upon the libel or plea being brought 
 in, the Judge is to assign to hear, on admission thereof, 
 on the next Court da}', or at a time to be named by him. 
 The defendant's Proctor may then lay the libel or plea 
 before Counsel for his advice, if the same be opposable, 
 and if it be deemed by him not sufficient in law (suppos- 
 ing it to be true) to warrant the plaintiff's prayer, the 
 admission of it may be opposed ; whereby if the plaintiff 
 has no legal cause of action, the euic may be stopped in 
 limine, it being the duty of the Judge to reject all pleas, 
 which, if assumed to be true, will not justify him in pro- 
 nouncing a decree for the party giving in such plea. Or 
 it the plea contains matter unnecessary or irrelevant to 
 the cause of action, or is drawn in too diffuse or argumen- 
 tative a manner, tiie admission thereof may be oppo <ed. 
 Upon these objections coming on to be debated, the 
 Judge will order the ])loa to be admitted, reformed, or 
 altogether rejected as he shall see cause. If ordered to 
 1)6 reformed, the Judge will in his discretion direct the 
 objectionable matter to be expunged and other points 
 
 * Sec Libels. No. 13 to IT. 
 
SSBK 
 
 ssn^ 
 
 10 
 
 RULES AND RPGULATIONS. 
 
 modified. If ordered to be rejected, such rejection puts 
 an end to the suit. 
 
 On the libel being debated, a case on each side is to be 
 prepared by the respective Proctors, and delivered to 
 Counsel with copies of the libel and of the exhibits, if 
 any, which copies, however, must afterwards serve for the 
 use of Counsel at the final hearing. 
 
 Pleas, the admissibility of which is not objected to, are 
 admitted to proof of course. 
 
 Pleas or allegations given in the subsequent stage of a 
 cause, may be admitted, reformed, or rejected in a similar 
 manner. 
 
 On the libel being admitted, the Proctor giving in the 
 same is to be assigned to prove its contents by evidence 
 within a time to be limited by the Judge, and the part}' 
 giving in tlie plea is entitled, if he desire it, to the per- 
 sonal answers in writing of the adverse party. In that 
 case a decree for answers is to be extracted from the 
 Reoistry and served on the party, by shewing him the 
 original under seal and leaving with him a copy thereof. 
 The answers are to be drawn by the i'roctorfor the party 
 required to give in the same, who must answer specifically 
 to all the facts or allegations in the plea which are within 
 his own knowledge, l)y either admitting or denying the 
 same ; and as to all other matters, he must answer to his 
 belief or disbelief. 
 
 No ext-rancous or irrelevant matter is to be introduced, 
 but the party may set forth any matter necessary to ex- 
 plain his answer. If any facts are introduced which are 
 capable of proof by witnesses, the^- must bo established 
 by evidence regularly taken on a plea. The answers* 
 are to be settled by Counsel, and then the party attended 
 by his Proctor is to be sw^orn to the truth thereof before 
 the Judge or Surrogate in the presence of the Registrar, 
 who is to make and sign an attestation at the foot there- 
 of. The Registrar is then to file them and make a 
 minute in the Assignation Book of their having been 
 sworn and brought into Court. The adverse Proctor may 
 immediately inspect them without waitingfbr publication, 
 and may have an office copy ot them. And if they be in- 
 .aifficient, redundant, or contain matter not pertinent. 
 
 
 * See Answers. Xo. IS to 21. 
 
RULES AND REGULATIONS. 
 
 11 
 
 may be objected to in tbe same manner as a libel or plea. 
 If aftei' tbe return of a decree personally served tbe 
 party does not give in bis answer witbin tbe time assign- 
 ed, the Judge may decree an attaclimcnt against him'lbr 
 his contumacy; but, notwitbstanding this measure, the 
 Proctor for tbe plaintiflf may proceed witb Ibe production 
 of his witnesses and take" other requisite steps in tbo 
 cause. 
 
 § 13. Examination of Witnssses, 
 
 The name of tbe witness * and a designation of tbe 
 specific articles of tbe libel or plea on which he is to be 
 examined, must be delivered to tbe adverse Proctor and 
 to tlie Kegistrar or Examiner, vbercupon tbe Proctor giv- 
 ing in tbe plea is to attend tbe witness and produce him 
 before the Judge or Surrogate, in Court or chambers, 
 when the witness is to be immediately sworn in tlie pre- 
 sence of the Kegistrar. Due notice of bis intended pro- 
 duction must be given to the adverse Proctor, who may 
 attend if be think lit. On the witness being so sworn,. 
 tbe Kegistrar is to make an entry thereof in the Assigiui- 
 tion Book. 
 
 Tbe deposition in chief is not to be taken upon written 
 interrogatories, but by relevant questions put vioa voce, by 
 the Kegistrar or Examiner, and arising out of tbe cir- 
 cumstances pleaded, but not so put as to lead the witness. 
 If there are several pleas, witnesses are to be examined 
 on each plea. The witness must not be dismissed until 
 the lapse of twenty-four hours from tbe time of liis pro- 
 duction, so that tbe adverse Proctor may have an oppor- 
 tunity tp cross-examine him by interrogatories in writing 
 if be think fit ; and this time may bo extended on reason- 
 able cause to be shewn by tbe Proctor through the Re- 
 gistrar to the Judgef. Such interrogatories are to be 
 drawn by the adverse Proctor, and, when practicable, 
 settled by Counsel. They are then to be copied for and 
 signed by Counsel, and delivered to tbe Registrar, witb 
 instructions as to the particular interrogatories to oe ad- 
 ministered to each witness. When tbe witness has been 
 examined in chief, and also upon interrogatories, if anv 
 are to be administered, tbe depositions in "chief, and also 
 
 * Sec Form, No. 22. 
 
 + Seo Forms, No- 23 to 26. 
 
12 
 
 RULES AND REGULATIONS. 
 
 the answers to the interrogatories (if any), are to be read 
 over to or by the witness and signed by liira, and he is 
 then to attend with the Registrar before the Judge or 
 Surrogate in chambers, and make a declaration that ho 
 knows tlie contents of his deposition, and that the same 
 are true in virtue of the oatli bv h'un taken on his being 
 produced ; and an attestation thereof is to be made at the 
 foot of the deposition by the Registrar or Examiner. 
 
 The evidence of the witnesses is in all cases to be kept 
 closely sealed, and the contents thereof are not to be di- 
 vulged until publication shall have been passed ; after 
 which, but not sooner, the Proctor administering the in- 
 terrogatories, if any are administered, is to deliver a copy 
 thereof to the Proctor producing the witness. 
 
 In the event of any witness refusing to attend to be ex- 
 amined, his necessary expenses having been tendered to 
 him (but not otherwise), a compulsory or subpoena, to be 
 prepared by the Ragistrar, may be extracted, and served 
 on the person so refusing to attend, by shewing to him 
 the orici'inal instrument under seal, and Icavinjr with him 
 a collated copy thereof, and if he do not appear to this 
 process, an attachment may issue against him for his 
 contempt. 
 
 The witnesses for the plaintiff being all examined, his 
 Proctor may on the first court-day afterwards pray publi- 
 cation of the evidence, which is to be decreed to take 
 place at a time to be fixed by the Judge; and at the 
 expiration of that time, it is imperative on the opposite 
 party to plead if he intends to do so at all ; for this pur- 
 pose, he is to attend before the Registrar or Surrogate, 
 and declare in a rulnute of Court that he intends to 
 offer an allegation* or counter-plea, and the same must 
 be brought into Court within a reasonable time, to be 
 assigned by the Judge. In that case, publication of the 
 evidence taken must be stayed until the allegation be 
 disposed of, either by being admitted or rejected by the 
 Court, or by the party abandoning the intention of giving 
 it in. If admitted, publication must be stayed until the 
 whole evidence in the cause be taken. In the event of 
 no allegation or counter-plea being given, or, if given, 
 being rejected by the Court, or withdrawn by the party, 
 
 * See Form of Allcgiitions, No. 27 to 31. 
 
RULES AND RKQULATIONS. 
 
 18 
 
 publication of the evidence is to take place ; and tliere- 
 iipon the depositions may bo inspected on each side, and 
 copies thereof furnished to the parties at the recpiest of 
 their Proctors, who may make copies thereof for their re- 
 spective Counsel. 
 
 After the evidence has been inspected, neither party 
 can claim as a matter of right to give any further plea or 
 allegation in the principal cause ; but if the Judge shall 
 be satisfied by affidavit that there is any matter impor- 
 tant to the issue, which could not have been pleaded be- 
 fore by reason that knowledge thereof had not come to 
 the party prior to, or that the fact had occurred after the 
 publication, the Judge in his discretioa may allow such 
 matter to be pleaded. 
 
 Allegations except-ve to the testimony of witnesses"^ 
 may be given after publication in cases only where the 
 matter on which they are founded, arises out of the evi- 
 dence of the witness or witnesses excepted to, and where 
 the contradiction, if proved, would tend materially to de- 
 stroy hi? or their credit ; but no allegation exceptive to 
 the testimony of witnesses is to be admitted, if the facts 
 it contains either have been or could have been pleaded 
 before publication. After publication^ no allegation, 
 pleading generally that the witness is not w^orthy to be 
 believed on his oath, is to be received. Any such allega- 
 tion, when offered, must precede publication, and must 
 plead generally that the witness is of bad character and 
 reputation, and not to be believed on his oath without im- 
 puting to him any specific charges. 
 
 When several pleas are given in a cause, witnesses are 
 to be examined on each plea ; and all other steps are to be 
 pursued in the same manner as directed in respect of the 
 plaintitV's libel. 
 
 It is the duty of the Proctors to take especial care that 
 the libel and defensive allegation contain all the facts 
 material to the decision of the cause, so that several pleas 
 may not unnecessarily be given. 
 
 When publication shall have taken place on all pleas, 
 the cause is to be set down to be heard at a time to be 
 appointed by the Judge. Counsel are to be furnished 
 
 ♦ See Forms No. 32 and ;'••'. 
 
14 
 
 RULES AND REGULATIONS. 
 
 with copies of all material papers, viz: pleas, exhibits, 
 and depositions of witnesses, but not of warrants, decrees, 
 or other formal instruments, unless from circumstances the 
 contents of such instruments may be material to the discus- 
 sion of the cause. A case for hcariiifji: on aaeli side is to bo 
 prepared by the respective Proctors, briefly stating the 
 proceedings which have taken phice, and calling the attcji- 
 tion of Counsel to the decree which each party may pray 
 the Judge to pronounce. The evidence is not to be 
 abstracted, nor are documents of which (counsel are 
 furnished with copies to be more than merely des- 
 cribed in the case. All lengthened <U'tails arc to bo 
 avoided, but the attention of Counsel is to be di- 
 rected to the principal points. A reasonable fee is 
 to be paid to Counsel on tho hearing ; and if the 
 case takes more than one day in argument, a moderate 
 additional or refreshing fee is to bo given for each subse- 
 quent day. Definite sentences in writing are only requi- 
 site in derelict and piratical cases. In other causes the 
 .judgment may be given by interlocutory decree, and 
 entered by the Registrar in the Assignation Book. 
 
 If it become necessary to enforce a judgment, a moni- 
 tion is to be taken out agjiinst the party principal and 
 his bail, and served in the manner before directed in re- 
 gard to instruments requiring personal service. Upon 
 the return into Court of the monition, with a certificate 
 of its due service indorsed thereon, and the tenor thereof 
 not being obeyed, the Judge, upon motion of Counsel, 
 may decree an attachment against the person of the 
 party monishcd for his contempt; directing either tho 
 attachment to issue immediately, or to bo suspended for 
 a reasonable time, as circumstances may in his judgment 
 require. This attachment is to bo extracted from the 
 Registry. The previous service of a monition may not 
 always be necessary. Where the disobedience is mani- 
 fest upon the face of the proceedings, and it is clear that 
 the order of the Court must be known to the party, an 
 attachment maybe decreed without a previous monition; 
 but in cases where sureties are to be attached, a previous 
 raonition is indispensable. Upon compliance with tho 
 order for disobedience of v. hich the attachment issued, 
 and upon payment of tlie costs of the attachment, the 
 Marshal, or other person executing it, is to rele:isc the 
 party, certifying to the Judge fully what has been done ; 
 
RULES AND RliiJULATIONS. 
 
 15 
 
 but in cases of doubt lie iiiny resort to tlie Judge tor 
 directions previous to the release. 
 
 § li. Proceeding by Act on Petition. 
 
 In case bail has been Lnvoji to the action, a minute is 
 to bo made in the Assignation Book by tiie Registrar, 
 assigning tlie Proctor for the party i)r()ceeding to deliver 
 liis act on [)etition to tlie adverse Proctor b^' ji time to be 
 fixed by the Judge. The Proctor is then to set forth the 
 facts of his case* in a plain narrative marner, without 
 jirgunient, and concluding with his urayer. This, having 
 been settled by Counsel (for whic. purpose he is to be 
 furni-'hed with a copy), is to l)e copied fair for the Court, 
 and then delivered to the adverse Proctor that he may 
 reply thereto, a'.id with the reply, it must be returned to 
 the Proctor of the party })roceeding, that he may make a 
 rejoinder thereto it necessary. The replj' and rejoinder 
 must also be settled by Counsel in the same manner as 
 the act. 
 
 The facts alleged in the act on petition are to be sup- 
 ported by affidavits ; and any necessary exhibits, or 
 documents annexed thereto, are to be verified in such 
 attidavits, which are to be confined to the material aver- 
 ments, and are not to be settled by Counsel. 
 
 Should any delay occur in the delivery of the act from 
 one Proctor to the other, either of them may allege the 
 same, in the presence of the Registrar, before the Judge, 
 who is to direct the act to be returned by a time to be 
 specified ; and if it be not returned by that time, or good 
 cause shewn for the delay, the Judge is to assign to hear 
 the act on petition ex parte^ that no untieces^ary post- 
 ponement may take place, for which purpose a copy of 
 the act, instead of the original, together with the affida- 
 vits on behalf of the party, must be brought in by the 
 Proctor applymg to have the cause so heard. 
 
 When the act is concluded, it is to be signed by both 
 I'roctors who are to attend before the Judge or Surro- 
 gate, in the presence of the Registrar, to bring in the 
 same, together with the original affidavits and exhibits. 
 No further affidavits or documents are to be afterwards 
 received, unless by leave of the Judge obtained on special 
 
 * See Acts on Petitions, No. 34 to 36. 
 
10 
 
 KULK9 AND UECJULATIONS. 
 
 application. Tlu) Judge is then to appoint tlio cause for 
 hearing, and tIiereui)on one copy ol'tlio aflidavitH and ex- 
 hibits is to be nuide lor each ol' the Counsel, and one lor 
 the adverse I'roctor, to bo delivered to him when tlie ori- 
 ginals are brought in The adverse Proctor is also to 
 make copies loj- his own Counsel. The same rules, as to 
 the preparing the case for hearing, delivering copies of 
 papers, and fees to Counsel, and the same proceedings for 
 enforcing obedience to the decree, are to bo observed a» 
 in a cause conducted by plea and proof. 
 
 V? 15. Suifs/or 3farlner.s' llo.t/es. 
 
 The same rcgnlations as to the arrest of a Ship, the sub- 
 sequent proceeding by dt^lault or in ptrncon, and the rules 
 for conducting a cause by [)Iea and [)r()of, arc to b(.i appli- 
 cable to the suit of a mariner for his \vages, which is (-ailed 
 a cause of subtractimi ol' wages, ir, which flie nmriihr 
 may proceed r.ij;ainst the ship, freight, and master, (»r the 
 ship and freigiit, ur tiic owner or the muster alone ; and 
 any number of mariners, not excccfling six, may proceed 
 jointly in one action. 
 
 When an appearance is given, tlic Proetoi- for the party 
 proceeding i?^ entitled to an assignation on the defendant 
 to bring into court the mariner's contract and ships' books; 
 and he is not compellable to file his libel until tliej' are so 
 
 )rou 
 
 ght 
 
 HI. 
 
 The libel, if in common form and pleading no special 
 matter, should state the hii-ing, rate of wages, perform- 
 ance of service, and the refv.sal of payment ; and should 
 liave annexed to it a schedule, stating the whole amount 
 of wages, with the sum received on account, and the bal- 
 ance claimed to be due. This plea is termed a summary 
 petition, and should not be settled by Counsel. 
 
 § 
 
 IG. Suits for P 11 olaije. 
 
 Suits for the recovery of pilotage, where no party a})- 
 pears to defend tlie action, may bo conducted by default 
 or in j/ci'itCDii. When contested, the proceeding will be by 
 plea and proof : the libel or plea, as in suits tor wages, if 
 containing no special matter, is also called a summary 
 petition, and need not be settled by Counsel. 
 
rULES AND RKCJULATIONS. 
 
 n 
 
 I 
 
 § 17. SuUh of Bottomry. 
 
 These suits may likewise bo coiiductocl by dof-iultor In 
 jxfiiani, and Hhips maybe sold, in viituo of a docroo of'tho 
 Court, tor tho paymont of bottomry bonds without any ap- 
 pearance havin<>; been ^iven to defend tho action. 
 
 When the validity of the bond ia contested, the cause 
 ^^eiiorally proceeds by act on petition an<l afKdavits, but 
 the pnrty promoting tho cause may, if he thinks proper, 
 l^roceed by plea and proof: and it is competent to the de- 
 fendant, on his appearance, to reipiire the cause to bo 
 conducted in that manner, for whicli purpose he must 
 pray the Judge to assign the promoter to bring in a libel. 
 
 Before the warrant is extracted from the Registry, tho 
 original bond must be exhibited to the Registrar in addi- 
 tion to the usual affidavit. 
 
 § 18. Causes of damage by Collision. 
 
 These causes may also be prosecuted by default or in 
 pamvm. When defended, the suit is conducted by plea 
 and proof, and differs in no respect from that mode of 
 proceeding already detailed. 
 
 Suits of Batnar/e by Bcaiimf or Assault on tJic High Sea. 
 
 In these cases the suit is by plea and proof, and the 
 warrant is necessarily against the person. 
 
 Prosecutions for Contempt in Breach of the Maritime Law, 
 
 and of the Regulations and Instructions relating to 
 
 His Majestfs Service at Sea. 
 
 These prosecutions can only be instituted on complaint 
 by an Officer in His Majesty's Navy, and under the direc- 
 tions of the Lord High Admiral or the Commissioners, for 
 executing the office of Lord High Admiral of the United 
 Kingdom, or of some one of the Admirals or Commanders 
 in (/hief of the naval squadrons abroad, and are t© be con- 
 ducted in the following manner : 
 
 An affidavit of two persons is to be exhibited by the 
 Proctor for the Crown, stating the name and description 
 of the party intended to be proceeded .against, and detail- 
 ing the particulars of the offence committed, which affi- 
 davit, with a short case, is to be delivered to the Advocate 
 for the Crown to move the Judj^e to decree the warrant 
 2 
 
IS 
 
 RULER AND BE0DLATI0N3. 
 
 of iirioHt, wlio, in making tliu ♦locroe, is to Bpecifv tlio 
 miiount of tliu itiiil to he givoii hh lio shall considor sufTi- 
 ciont to ensure the porsonal appearnnco of the party pro- 
 Hociitotl whcni jn(l<::tncMit Hhall he pronounced. This 
 amount is to ho Htiitcd in tiio Action Hook and on tlio 
 iivco of the warrant. The Marshal is then to execute the 
 warrant by the arrest of the person of the offender, who 
 is to ho iiherated on giving sufficient bail, which is to he 
 taken in the usual manner. 
 
 On the api)earanco being given, the Proctor for tlio 
 Crown is to be assigned to exhibit articles pleading tlie 
 offence within a sliort time to be specified by the Judge 
 
 These articles are to bo prepared by the Proctor for the 
 Crtiwn, and may be settled by Counsel, and the cause is 
 then to proceed like other suits, by plea and proof, with 
 the following exceptions : 
 
 1st. On the articles or plea being admitted to proof, the 
 defendant must be assigned to declare in act of Court, 
 within a reasonable time, generally whether he denies the 
 facts p'eaded, which is termed giving a negative issue, or 
 whether he confesses them, which is termed giving an 
 aflirnuitive issue. 
 
 2ndly. In case of an affirmative issue, the judgment of 
 the Court may bo immediately pronounced ; on which oc- 
 casion the defendant is to be allowed to exhibit affidavits 
 in mitigation of punishment, but not to deny the offence 
 charged. 
 
 Srdly. Extended personal answers in writing to the dif- 
 ferent positions or averments of the articles cannot be 
 required from the defendant. 
 
 4thly. Where a negative issue is given the defendant 
 may be at liberty to offer a defensive plea. 
 
 After the evidence is taken, if the Judge shall decide 
 that the charge is established, he will proceed to give 
 sentence, imposing the fines due by law on the defendant 
 and condemning him in the costs. In very aggravated 
 cases the defendant may also be imprisoned for a limited 
 time. Affidavits in mitigation may be offered and are to 
 be received when the offence has been proved by evi- 
 dence. -■ r- ■■ •• • •• i 
 
 § 10. Suits for Salvage. ' '']' "'' ' ; '^' - 
 The ordinary course of proceeding is by act on petition, 
 
RULES AND »E(iULATIONS. 
 
 10 
 
 but in caaos wlicn^ no npponrunoo im pivon tliepo stiitrt 
 may ho prosecutod by dufault or /// ]>ivii<iiik Tho pro- 
 perty niu.--t on no account bo rebjascd from arrest until a 
 valuo Hliall boagrocd upon bt^twocnthc parties aiid allegod 
 in minute of Court, ubicb in to bo entered by tho Uegis- 
 trar in the Assignation Book, 
 
 If tho valuo cainiot bo agreed iii)on, a dooreo of" ap- 
 praisement must bo oxlraot'id by tho Proctor for tho sal- 
 vors, and oxeoutod and returned into Cuurt Ijolbre tho 
 property is released. Tliis constat of the value is nece!«- 
 sary both for regulating the amount of bail to bo taken, 
 and for guiding tho Judge at tho final hearing tii fixing a 
 [)ro|)or remuneratit)n for the services of tho salvors, with 
 relerenco to thi? valuo of the projxjrty saved. 
 
 ij 20. Ctin.scfi (>/' Poiiu:ssion. 
 
 These causes are to commence by tho entry of an action 
 at till' >uit of ihc ^)^vn^.•r^' or owner of a nutjority of inter- 
 est in the ship, and a warrant is to bo issued to obtain 
 poshossion thereof from any party wlio may vvithhohl tho 
 same. No :i?Tiount of action need bo inserted in tho Action 
 lJ(K>k or o\\ tho face of tho vvarrant. 
 
 An allidavit* of the party proceeding is to be prepared 
 by his I'roctoi-, and laid belbro Counsel, with a shoit case 
 stating tho circumstances, in order to move for tho war- 
 rant, which can !»« obtained only on motion of Counsel. 
 Tho aflidavit need not previously, as in other cases, bo 
 left in tho Registry. On this occasion tho Judge or C^iir- 
 rogate is to be attended by the Proctor, Counsel, and Re- 
 gistrar ; and tho Judge, on reading the aflidavit, if it be 
 satisfactory, will, on motion of Counsel, decree tho war- 
 rant citing all persons in general to appear and answer 
 to the party proceeding in a cause of possession. The 
 warrant having been served on the ship, is to be returned 
 into tho Registry, and if no appearance be given within 
 a month from such return, tho Judge, if satisfied that the 
 party proceeding has a majority of tho legal interest, is, 
 on the aflidavit originally brought in or on further proofs, 
 if necessary, being exhibited on motion of Counsel on tho 
 next regularly adjourned Court-day, by interlocutory de- 
 cree to order possession of the ship to be delivered to the 
 party proceeding, or if necessary assign a further limited 
 
 * See Form. No. 37. 
 
f M 
 
 mmmmm 
 
 20 
 
 HULES AND IlEGULATlOXa. 
 
 ? 
 
 ^ ^ 
 
 P; 
 
 timo lor ontuiing an appearance, and on any sub.-^oquent 
 regularly adjourned Court-day in like manner proncjunce 
 his decree, which is issued by the Registrar from the 
 Registry. I 
 
 Shoidd any party appear to contest the right of posses- 
 sion, til'' cause is to proceed by act on petition and altida- 
 vits, the ship remaining in the custody of the Court until 
 i,he final hearing, because the object of the suit which is 
 to obtain actual possession of the property cannot other- 
 wise be secured. 
 
 Upon an interlocutory decree being pronounced in favor 
 of either party, a decree of possession is to be issued ac- 
 cordingly. 
 
 Dui'ng the dependence of the suit on proof by allidavit 
 being exliibited that the ship's register is in the posses- 
 sion of any person Avhcmsoever, a monition may be issued 
 requiring him to bring it in, or shew cause why it should 
 not be brought into the Registry, to abide the event of the 
 suit. Or after the hearing, should the sh'p's register re- 
 main in the possession of anv person, the Judge nii^y on 
 proof the'*eof issue a monition directing him to deliver 
 up the same to the party in whose favor the decree has 
 been made. 
 
 Causes of possession may also be conducted by plea 
 'AP.d proof at the option of either party. 
 
 §21. Action to obtain Secun'ti/ for the Safe Return of a 
 
 Vessel. 
 
 Actions of this description occur when a part owner is 
 dissatisfied with the management of his co-owners, and 
 requires the ship to be restrained from proceeding on a 
 voyage until bail shall be given for fier safe return to the 
 ])ort to which she belongs. 
 
 An affidavit* of tlie party is first to be made setting 
 lorth the number of shares of which he is the legal 
 owner, that he is dissatisfied with the management of the 
 ship, and is desirous of obtaining bail for her safe return 
 to the port to which she belongs to the amount of the 
 value of his shares, which value is to be stated in the affi- 
 
 '"Sco Form No. 38. 
 
RITLE8 AND REnULATIONS. 
 
 21 
 
 davit. And upon tin's affidavit, which need not provioiiis. 
 \y bo lot't in the Rcgistiy, the Judge or Surrogate in 
 chamber.-! is to bo moved by Counsel to issue the warrant 
 of arrest. 
 
 Tlie action sliould be entered in the amount ot the value 
 of the shares of the party proceeding and in a further 
 moderate sum to cover the costs ; and on bail being 
 given, the vessel is to be released and allowed to proceed 
 on her voyage. 
 
 In case ol'the }»artios differing as to tlio value of the 
 vessel, she must be appraised under the authority of the 
 Court ; and the actual value of the shares of the party pro- 
 ceeding at the period of giving bail, whether the ship bo 
 appraised or not, is the amount to be recovered in case 
 the bond shall ultimately be pronounced to be forfeited. 
 
 The costs of the arrest are to be borne by tlie party 
 proceeding : and the costs of giving bail by the defend- 
 ant, unless the Judge shall see cause to order otherwise. 
 
 In the event of the loss of the vessel before her return 
 to the port to wnicli she belongs, (until which time the bail 
 bond remains in force,) the party principal and his sure- 
 ties may be called on by monition to shew cause why 
 they should not bring in the amount of their recognizan- 
 ces, in order to abide the judgment of the Court. To ob- 
 tain this monition an aflidavit n)ust bo exhibited, shewing 
 that the bond has become forieited,and it must be moved 
 for by Counsel bi.'fore the Judge or Surrogate. The mo- 
 nition when obtained retiuires personal service. 
 
 Should an appearance be given and the suit be contest- 
 ed, the Proi-tor of the j)aity j)iocee(ling is to be assigned to 
 deliver an acton petition to the adverse Proctor, and the 
 cause is then to take the same course as other cases con- 
 ducted by act on petition. 
 
 § 22. Derelict Cases. 
 
 In cases of derelict the action is to be entered and the 
 warrant extracted bv the Prt)ctor for the Adnn'ralty. with- 
 out any amount of action being stated in the Action Book 
 or on the warrant, and no aflidavit is necessary to obtain 
 the wan ant, which, when issued, is to be served by affix- 
 ing it for a short time on the ship or goods found derelict, 
 and by leaving thereon affixed a true copy thereof. The 
 
« 
 
 22 
 
 RULES AND RE(.'ULATIONS. 
 
 warrant is then to be returned by the Proctor into tlie 
 Registry. 
 
 After the hxyse of three months from the return of the 
 warrant, (the property remaining in the custody of the 
 Court,) the Judge, on the next regularly adjourned Court- 
 day, at the petition of the Proctor, and on his allegation 
 in Court ti.at the warrant has been returned upwards of 
 three monthts, and that no appearance has been given, is 
 to decree a monition to issue, calling upon all j)orsons to 
 appear and shew cause why the ])roperty should not be 
 condenmed, at the expiration ot a year and a da}' from 
 the return of the warrant, as droits and perquisites of His 
 Majesty in his office of Admiralty. The monition is to be 
 made returnable at three months after its date, and is to 
 be served by affixing the original for a short time either 
 on the Court-House or on the Exchange, or place of com- 
 mon resort of merchants, or as the usage of the colony or 
 settlement may be, and by leaving thereon affixed a true 
 copy thereof. The object of th's general service is to give 
 the utmost publicity, so that the contents of the monition 
 may be most likely to reach the knowledge of all paities 
 interested. After this service, the monition is to be re- 
 turned into the Registry, with a certificate of service in- 
 dorsed thereon. 
 
 If the property be in a perisfiable condition, and the 
 Judge be satisfied by affidavit at any period after the ar- 
 rest that it would be for the benefit of all parties interest- 
 ed therein that the same should be forthwith sold, it may 
 be appraised ".nd sold under the direction and authority 
 of the Court, and the proceeds paid into the Registry. 
 
 At the expiration of a year and a day from the return of 
 the warrant, if no claim or appearance be given for the 
 owners, the Judge, on the next regularly adjourned Court- 
 day, is to proceed to conde'\in by sentence the property 
 as droits and perquisites of His Majesty in his office of 
 Admiralty. The sentence is to be prepared by the Proc- 
 tor, who is to make a fair copy thereof for the Judge's 
 signature, which is to be signed in (.ourt in the presence 
 of the Registrar, and a certificate is to be added by the 
 Registrar on the sentence, and a minute made in the 
 Assignation Rook of the same having been so signed. 
 
 The owners of property proceeded against as derelict, 
 may appear at any time before tlv) termination of the 
 cause, and claim the same without being liable to any fees 
 
 I 
 
RULES AND REGULATIONS. 
 
 23 
 
 of contumacy incnrred prior to their appearance. The 
 claim, with an affidavit* in verification thereof, is to be 
 drawn by the Proctor, and should set forth the name, re- 
 sidence, and occupation of the owner, the tith? of the 
 party to, and the identity of, the ship or goods claimed. 
 Documents or exhibits in support of the affidavit may be 
 annexed thereto. When the claim and affidavit have been 
 settled by Counsel, tlie Proctor is to attend his party be- 
 fore the Judge or Surrogate, to be sworn to the same in 
 the presence of the Registrar, and the Judge will then 
 assign to hear on admission thereof on the next Court- 
 day, or at ;iny other time to be by him fixed, of which no- 
 tice is to bo given to the parties. A copy of the affidavit 
 and claim Is to be given to the Proctor for the Crown, and 
 if the Counsel for the Crown Le satisfied that the party 
 claiming is entitled to restitution of the property, he is to 
 consent to the same being restored, which on motion of 
 -Counsel bofore the Judge may bo immediately done on 
 payment of the salvage, and the expenses on behalf of the 
 Crown. The instrument of restitution is to be prepared 
 by the Registrar, and extracted from the Registry by the 
 Proctor for the claimant. The interests of salvors are 
 always to be protected, and to this end, if restitution bo 
 consented to, and if salvage has not been previously paid, 
 bail to our Sovereign Lord the King, in his ofece of Admi- 
 ralty, in a sum sufficient to answer salvage, must be given 
 by two persons on behalf of the owners before the instru- 
 ment of restitution is to be issued. 
 
 If the title to the property is contested, the cause must 
 come on *'t be heard in Court ; a case and papers being 
 delivered to Counsel as in other contested causes. 
 
 § 23 [26]. Proceedings in the case of the ill treatment of 
 Slaves Apprenticed, cognizable in the Courts of Vice- 
 Admiralty, pursuant to the !?4-th section of 6 Geo. IV., 
 Cap. 113. 
 
 When any such case occurs, the Judge, upon complaint 
 being preferred to him, is to cause the substance the''eof 
 to be reduced to writing, to the truth of which the com- 
 plainant is to be sworn, and the Judge is then to issue a 
 gurcmons to be served by the Marshal upon the pei;8on 
 complained against ; and in case the accused appears, and 
 
 * See rormSf No. 39 nnd 40. 
 

 11 r 
 
 ( IH| 
 
 2i 
 
 RULES AND REGULATIONS. 
 
 the Judge, on hearing the complaint on the oath of tho 
 complainant undol' the witnesses (if any) in support there- 
 of, and also the accused and his witnesses (if any), should 
 be of opinion that the charge is established, or if the party 
 accused shall not appear, the Judge, being- satisfied that 
 the summons has been duly served and the complaint 
 well founded, is to proceed to caix'y the provisions of the 
 Act into execution. 
 
 ■ I •■ ■ . 
 
 § 24 [27]. Prosecutions for breach of the Revenue or Nam- 
 
 f/atio7i Laics. 
 
 An affidavit* is to be made by the seizor, detailing the 
 e,Tounds of the seizure and the circumslancs attending 
 the same, to which, in tlip case of a vessel being seized, is 
 tc bo annexed, all original papers that have been deliv- 
 ered up at the time of seizure, and which must be verified 
 in the affidavit. Or if the ship's papers have been con« 
 cealed, thrown overboard, or destroyed, the fact of such 
 concealment or destruction should be stated in the affi- 
 davit. 
 
 The affidavit is to be exhibited to the Judge or Surro- 
 gate, who is to decree a monition to issue, returnable 
 fourteen days after service, citing by name the owners or 
 persons implicated (if known) in special, and all others in 
 general, to appear and shew cause why the forfeiture 
 should not be decreed, and the penalties due by law pro- 
 nounced for; but where the parties are not known the 
 monition must only cite all persons in general. 
 
 When the monition specifies the names of the parties 
 cited, it must be personally served on them like other in- 
 struments requiring personal service, and must also, like 
 other monitions where I lie names of parties are not men- 
 tioned, be served on the Exchange, or Court-house, or 
 other public place, as before directed respecting instru- 
 ments requiring service against all persons in general. 
 
 The monition having been served and no appearance 
 being given, the Judge is to proceed by interlocutory 
 decree to condemn the property ; but such condemnation 
 is not to take place on any other than a regularly ad- 
 journed Court-day, and not until the expiration of four- 
 
 *See Forms Nos- 41 and 42. 
 
 '•[ 
 
KULES AND REGULATIONS. 
 
 25 
 
 teen (]ayi«» from tUe return of the monition, and if it lias* 
 been personally served, the Judge may, without requir- 
 ing any further evidence than tlie afKdavit to lead the 
 monition, pronounce for the penalties due by law. 
 
 If a personal service of the monition cannot be effected 
 by reason that the persons named therein have purposely 
 absented themselves to avoid the service, the Judge may 
 pronounce a similar decree ; but if he has reason to be- 
 lieve that the persons named in the monition arebonajidr 
 ignorant thereof, he is to reserve his judgment so far as 
 relates to the penaltie.-^ sued for, and also as to the pro- 
 perty, should any doubt arise upon the evidence. 
 
 In the case of a monition citing all persons in general, 
 and not describing any person by name, no penalties can 
 be pronounced for, but if the persons by whom the 
 offence was committed shall afterwards be discovered, a 
 subsequent monition may be issued in the same suit 
 agaius'ii him or them for recovery of the penalties. 
 
 In order to move for the interlocutory decree, a case 
 with a copy of the affidavit, must be delivored to Counsel. 
 
 A claim may be given on behalf of the owners at any 
 time before the interlocutory decroe, and the claimant 
 may, if ho think fit, reraire the seizor to file an informa- 
 tion or libel, to which the claimant may give in a respon- 
 sive plea or allegation, and the case will then proceed by 
 plea and proof in the manner before mentioned. 
 
 To the claim must be annexed an affidavit, containing 
 the names, descriptions, and residence of the owners, and 
 a detail of all the circumstances on which the claimant 
 means to rely as the grounds of his defence. 
 
 The claim and affidavit * are to be prepared and given 
 in as directed in derelict cases ; but in compliance with 
 the Act 6 Geo. IV. cap. 114, sfc. G2, securitv must be 
 given on behalf of the claimant in the sura of X60 sterling, 
 to answer costs before any claim can be received. 
 
 Upon a claim being filed, the Judge, with the consent 
 of the Collector i ud Comptroller of the Customs, may 
 order the delivery of the property to the claimant, on his 
 giving bond, with two sufficient sureties, to answer double 
 the value of the same, as provided by the 58tli section of 
 the said Act. 
 
 The Court, on the application of the officer of tue Cus- 
 
 * Se Forms, Nos. 43 and 44. 
 
T 
 I! 
 
 ill 
 
 ill 
 
 li 
 
 2Q 
 
 3ULES AND REGULATIONS. 
 
 toms, or parties interested, may, at any time before con- 
 demnation, direct the property to be sold, if it shall 
 satisfactorily appear by affidavit that a sale will be bene- 
 ficial to all parties interested. 
 
 When a claim is given, and no libel prayed, the Court 
 may proceed to adjudge the case upon the facts and cir- 
 cumstances stated in the affidavit? on both sides ; but if it 
 shall appear to the Judge that th» case is not sufficiently 
 proved by such evidence, he may direct an information 
 or libel to be filed by the seizer*, and give leave to the 
 claimant to file a responsive allegation ; in which case 
 witnesses are to be examined on both sides, and the cause 
 will proceed as in plea and proof cases. After condem- 
 nation, the sale must take place according to the provi- 
 sions of the 56th section of the said Act: 
 
 In order^to remedy complaints which have been made 
 of the burthensome law charges in the Colonies, on pro- 
 ceedirers in revenue cases of small value, it is directed, 
 that any number of seizures, not exceeding in the aggre- 
 gate value £300, and not individually exceeding the sum 
 of £100, may be included in one monition, and that differ- 
 ent seizing officers may proceed conjointly in the same 
 prosecution, — care being taken that the monition, and also 
 the libel where that proceeding is required, be drawn con- 
 formably with the several circumstances, and that the 
 different seizures be described in separate articles or 
 counts of the libel or information. And to obviate any 
 possible delay in the proceedings of the seizing officer, 
 any claimant is to be at liberty to take out a monition 
 against the seizer, returnable three days after service 
 thereof, requiring him immediately to proceed to the ad- 
 judication of the property seized. For this purpose, and 
 also to enable the seizer to determine whether to proceed 
 separately as to one seizure, or to wait for the chance of 
 including other seizures in the same process, by a con- 
 sideration of the expenses of warehousing and custody of 
 the seizure, the seizer is, without delay, in all cases \i»here 
 the probable amount of the seizure does not exceed in 
 vpl.ie XI 00, to report the facts to the Registrar of the 
 Court. 
 
 In cases where it shall be deemed necessary to proceed 
 immediately without waiting for other seizures, and the 
 
 '■■■ See Libeli No. 4'). 
 
RULES AND REGULATIONS. 
 
 27 
 
 value in under £100, the several charges of the proceed- 
 ing and adjudication are to be reduced X25 per cent, 
 upon the usual charges ; Hnd if the property separately 
 proceeded against does not exceed the value oi' £60, one 
 lialfofthe usual fees only are to be charged. 
 
 § 25 [28]. General Hides to he observed in Practice. 
 
 Snbdnciioyi of an Action. 
 
 If a party proceeding, determine to abandon his suit, 
 or has compromised the same, he may at any period bo 
 allowed to subduct the action ; to which end, the Proctor 
 who has extrav^ted the warrant is to sign a short entry to 
 that effect in the Action Book, and the property, if any 
 have been arrested, is to be immediately released. 
 
 § 26 [29]. Tender. 
 
 Whenever a tender is made on behalf of a defendant to 
 pay a certain sum of money, the sum tendered must be 
 brought into the Registry, and an undertaking given for 
 payment of the costs incurred up to that lime ; this must 
 bo done before the Judge or Surrogate, in the presence of 
 t' Registrar and the adverse Proctor, and a minute there- 
 of is to be entered in the Assignation Book, and the Proc- 
 tor for the plaintiff is to be assigned to declare whether 
 he will accept the tender or not, within a time to be limit- 
 ed by the Judge. 
 
 If the tender be refused, and the Court shall ultimately 
 consider the same to have been sufficient, the plaintiff, in 
 general cases, is to be subject to all the costs incurred 
 subsequent to the refusal, but under special circumstan- 
 ces, where the enforcement of this rule may be attended 
 with injustice o. hardship, the Court may exercise its dis- 
 cretion by forbearing to condemn him in costs. 
 
 § 27 [30] . References. 
 
 In cases where a reference of the subject in litigation 
 may be expedient, the Judge, either for his own satisfac- 
 tion or at the instance of either of the parties, may refer 
 any accounts or demands, or uny matter incidental there- 
 to, to the Registrar, directing him to take to his assistance 
 one or two merchants, and to investigate and report on 
 the matter. The merchants to be selected by the Regis- 
 trar and approved b}- the Judge. 
 
i 'i 
 
 »1 I 
 
 If 1 
 
 !l ! 
 
 ;1 ' 
 
 28 
 
 RULEh ANF) reuulations. 
 
 The reference being ordered, the Registrar is forthwith 
 to make an appointment witli the Proctors of the parties 
 and witli the assisting merchant or mercliants, and all 
 necessary documents being produced, the Registrar and 
 merchants are to hear the matters in dispute discussed by 
 the Proctors and the parties principal, or their agents. 
 The Registrar is afterwards to draw up the result of the 
 investigation, and of their joint deliberation thereon, in a 
 written report, to l)e brought into Court, and a minute to 
 that effect is to be thereupon made in the Assignation 
 Book. 
 
 The Judge is to direct the report to be confirmed, un- 
 less objected to by either party by the succeeding ad- 
 journed Court-day, or within a time to be limited by him. 
 The report may be confirmed at the prayer of cither ot the 
 Proctors, and either may object to the re[)ort wholly or 
 in pint; but the party objecting must so declare in act of 
 Court, and is to be assigned by the Judge to deliver in an 
 act on petition, setting forth his objections to the adverse 
 Proctor, within a time to be limited. And the subse- 
 quent proceedings are then to be conducted as on all 
 other acts on petition. 
 
 § 28 [31]. Taxation of Costs. 
 
 The Proctor of the party who has obtained a decree or 
 order condemning another party in the costs, is to furnish 
 the adverse Proctor and the Registrar each with a copy 
 of his bill, and to attend the Registrar to procure an ap- 
 pointment to ta-^ the same, of which notice is to be given 
 to the adverse Proctor, that he may be present thereat ; 
 and if he shall decline, or neglect to attead. the taxation 
 may proceed in his absence upon an affidavit being ex- 
 hibited to and filed with the Registrar, shewing that a 
 copy of the bill had been furnished, and that twenty-four 
 hours' previous notice of the appointment had been given 
 to him. 
 
 If the amount of the costs ascertained by the Registrar 
 be not forthwith paid, the Ri^gistrar is to report the 
 amount to the Court, when, if no obj^sction be made, the 
 Judge is to sign the bill, which completes the taxation, 
 and a minute thereof is to be entered in the Assignation 
 Book. 
 
 If the adverse Proctor be dissatisfied with the amount 
 
 L 
 
UULES AND REGULATIONS. 
 
 29 
 
 proposed to be allowed, he is, on the same being reported 
 and before the bill is signed by the Judge, so to (leclare 
 in Court; and in that case the Judge is to assign him to 
 deliver an act on petition in objection to the taxation 
 within a short time to be pjtecified, and subsecpiently the 
 sameeour>:o is to be pursued as in other acts on petition. 
 When the Judge has signed the bill, whether as origi- 
 nally reported by the Registrar, or with any subsequent 
 alteration, he is to decree a monition for payment thereof 
 and if the costs be not immediately [)aid, such monition 
 may be extracted and served as usual, and may be followed 
 up by attachment if necessary. 
 
 •^ 29 [32]. inddental Monitions. 
 
 In any cause, howftver commenced, monitions xnay in- 
 cidentally become necessary, which are to bo made re- 
 turnable at a period to be fixed by the Judge ; and if the 
 tenor of the monition be not complied with, the Judge, on 
 proof that it has been duly served, ma}' enforce obedience 
 thereto by attachment. 
 
 § 30 [33]. Commissions. 
 
 Commissions to take bail, to take the answers of parties 
 to a libel or allegation, to take the oaths of parties or 
 others to affidavits, to examine witnesses, and the like, 
 may, under the authority and at the discretion of the 
 Judge, issue in cases where the parties reside at so great 
 a distance that the transaction of the business by commis- 
 sion will be attended with less expense than their per- 
 sonal appearance before the Court. 
 
 Commissions may also issue for the unlivery of a cargo, 
 for the appraisement or sale of a ship or cargo, or for the 
 appraisement and sale of a ship and cargo in cases when, 
 by reason of the distance, the Marshal cannot be conveni- 
 enily employed for the purpose without great expense. 
 
 All commissions are to be directed to respectable mer- 
 chants, or professional men named by the Proctors ; and 
 when they can a<'ree thereto, one Commissioner will be 
 sufficient, otherwise a Commissioner is to be nominated 
 by each party. 
 
 § 31 [34]. Acts on Petition. 
 In cases where any incidental matter may become the 
 
80 
 
 BULKS AND REOULATIONS. 
 
 gubjeiit of dispute, fiiul either of tlio juirties .sliull desire it, 
 or if the Judii;e shall deem it noeessary for his own satis- 
 factioii to liavo the facts further elucidated, ho may direct 
 the circumstances to bo set forth in an act on petition. 
 
 § 32 [35]. Appeals. 
 
 All appeals from decrees of the Vice- Admiralty Courts 
 are to he asserted by a party in the suit witliin fifteen 
 days after the date of the decree, Avhich is <:o be done by 
 the Proctor declaring- the same in Court; and a minute 
 thereof is to be entered in the AssJLMiation Book. And 
 the party must also give hail within ilfteen days from the 
 assertion of the apjteal in the ^um of o€100 sterling, to 
 answer tlic costs of such appeal. 
 
 In all cases, liowcvor, in which an appeal is asserted, 
 except respecting slaves, the Judge nu\y proceed to carry 
 his sentence into execution provided the i>arty in whose 
 favour the decree has been made give bail to abide the 
 event of tlie appeal, by two sureties in the amount of tlie 
 value of ths })i'operty w subject in dispute, together with 
 the furtlier sum of JGIOO sterling to answer costs, in the 
 event of the same being awarded by the superior Court. 
 
 The party appeabng, having complied with these regu- 
 lations, is then to cause the Judge and Jiegistrar to be 
 served with an inl!ibitiv)n from the High Court of Adnn- 
 ralty, .restraining them from further proceeding m the 
 cause, and also with a monition to transmit the process. 
 
 This process will consist of a fair copy of the proceed- 
 ings under the seal of the Vice-Admiralty Court, to be 
 made and signed by the Registrar, at the expense of the 
 party ordering the same, which is to be transmitted to 
 the superior Court pursuant to the monition. 
 
 The proceeds, if in Court, or in the hands of any indi- 
 vidual, must, on a special monition for that purpose be- 
 ing served, be remitted to the Registrar of the High 
 Court of Admiralty or Court of Appeal. ' m - : <.'-■■ 
 
 § 33 [36]. Rexjuhdiom as to Sittings of the Court. 
 
 Before the rising ot the Court, the Judge is alwavs to 
 adjourn the same to a day to be by him fixed at his dis- 
 cretion, and proclamation thereof is thereupon to be made 
 in open Court, by the Marshal or Officer of the Court. It 
 is, however, competent to the Judge, notwithstanding 
 
 "mi 
 
RULES AND UEHULATIONS. 
 
 31 
 
 such adjournment, subsequently to appoint any interme- 
 diate day or days, as may appear to liim to be noecssary, 
 for tbo expediting any particular cause or causes before 
 the Court. 
 
 Forty-eight hours* notice of such intermediate Court- 
 days must always bo published in the Gazette, or public 
 newspaper of the Colony by the Registrar, at tlio expense 
 of tlie party at whose instance, or for whose bcneht the 
 Court is to be so called, which expense is to be paid by 
 his Proctor. 
 
 Crrc is always to be taken that on such intermediate 
 Court days, no assignation be sped, or order made, pre- 
 cluding the right, or to the manifest injury of any absent 
 party, when it shall appear that he cannot have received 
 sufhcient notice of the sitting of the Court; and absent 
 parties are always to be entitled to the favourable consid- 
 eration of the Judge, if on the next succeeding regularly 
 adjourned Court- day cause shall be shewn why an assig- 
 nation made on any intermediate Court-day had not been 
 complied with. 
 
 In like manner, when an assignation has been made 
 for an act to be done by a limited time, shall not have 
 been duly complied with, and an intermidate Court-day 
 shall be subsequently held, parties who cannot by possi- 
 bility have been cognizant of such intermediate Court, 
 and who may have very conclusive reasons to allege why 
 they have been uuablo to comply with such assignation, 
 are not to be prejudiced by the enforcement of the same 
 on such intermediate Court-day. ,, 
 
 § 34 [37]. As to the Return and Service of Warrants, 
 31o7iUions, and other Instruments. 
 
 ! / i 
 
 In general cases, warrants, monitions, and other instru- 
 ments are to oe made returnable, and parties cited to 
 appear at the Registry, either on a certain day mentioned, 
 or at the expiration of a certain number of days after ser- 
 vice, to be specified in the instrument, and between any 
 two hours of the day most usually appropriated to public 
 business. 
 
 Monitions to pay costs or a sum of money, oi* to do any 
 specific act within a certain number of days, are to be re- 
 turnable at the expiration of the usual hours of business 
 
32 
 
 RULES AND UEGULATI0N8. 
 
 at the Rei^islry, on the furtliestor Inst (lav assigned totlio 
 party to (^o tho act. 
 
 If no ajtpoaninco be given thereto, the Rogifttnir is im- 
 mediately on the expiration of tho time spccitied to attend 
 before tho Judge or Surrogate in Court or Ciianibeis, 
 with tlie I'rootor who is to return tlie iuHtrnnicnt ; and 
 the proceedings are subsoipjentiy to be continued accord- 
 ing to the requiaites of the cause. The day of such return 
 islhe [teriod from wliich is to be reel<oned, for all future 
 purposes, the contumacy or detiiult of tho party cited and 
 not ap[)caring. 
 
 Instruments against all persons in general, and which 
 are served only on the shii, or goods, or on the Exchange, 
 or the principal resort of merchants, or on the Court- 
 liouse, can only be further proceeded on in jxT.nam on tho 
 regularly adjourned Courtdays. But an instrument 
 which has been personally served and duly returned, may 
 be followed up by all further proceedings, oven to attach- 
 ment, without more regard to tho reguhirly adjourned 
 Court-days than would be necessary respecting any other 
 incident in the proceedings, because in such cases tho 
 party who has been served must always be aware of the 
 liabilities to which he is exposed by his own laches, or 
 contempt. 
 
 If an instrument be served on a ship, or goods laden on 
 board a ship, when the master is on board, and the action 
 be one to which he ought to appear and become a defend- 
 ant, such service may, for the purpose of future proceed- 
 ings, be considered equivalent to a personal service on 
 him. 
 
 Whenever any monition or other instrument is served 
 by any other person than the Mars-:al, the Certiticate of 
 tbp service thereof must be verified by an affidavit of the 
 person serving the same. 
 
 All warrants, monitions, and other instruments requir- 
 ing ulterior proceedings in fccnam, in case of no appear- 
 ance or of non-obedience, must be duly returned at the 
 time specified for their return ; and if not then duly re- 
 turned, no further proceedings can be had thereon. 
 
 § 35 [38]. Interlocutory Decree. "' , 
 
 The interlocutory decree, wliich must always be moved 
 by Counsel, is the final actof adjudication in the principal 
 
RULES AND llEOULATToNfl. 
 
 83 
 
 I 
 
 cjiuBG of lU'tloii ill any suit. Hut. in woino few ini^tanoos ii 
 Huit may l)C torininatcMl witliout it. viz. : — 
 
 Wlioro a liliol is rcjuctcd. 
 
 V '!r(> a (li'foiKlaiit \h <lismissiMl Uecausc; tlio promoter 
 (loen not hriiiu in liis libel. 
 
 Where a protest in pronounced for, and the party ap- 
 pearing Miultu* protest irt (lismifist'd. 
 
 \V licrc an action is suhdnctcd. 
 
 If sureties apply to ho disunisscd from their recounizan- 
 CGB, it inuhl he done ity interlocutorv decree; but if tliey 
 arc dismi.ss'd by the iiiteih)ciitory <lecrco in the [irircipal 
 cause, no further dceice of that kiii<l is necessary for 
 tlniir dismissal. 
 
 The fees duo to the Jndi;e and OtKcers on an interlocu- 
 tory decree, are chur^aable to a'l jiarties wlio receive 
 benefit under the same: tlms, in a cause of derelict, the 
 fees are char<!,'eal)le to the chdmaiit who obtains restitu- 
 tion of tlie |»roperty, and to the salvors to whom salvage 
 mny be awai'dc(]. 
 
 No decree is to be made, nor act of Court be sped by 
 the Judge or Surn^gate, without the ]»resence of the 
 Registrar, by whom a minute or ieut)rd tliereof must bo 
 made and attested, except only in case of the J{egistrar'f* 
 unavoidable absence, on which occasion the Judge or Sur- 
 rogate may assume an actuary to attest pro hac vice the act 
 to 1)6 done. Any jn-actitione" of the Court, provided he 
 be not concerned in tlie suit in whicb the act is to be 
 done, may perform this part of the Registrar's duty, at- 
 testing by his signature the entry of the act in tlie Assig- 
 nation Book. 
 
 § 36 [39]. Monitions. 
 
 If a monition 1)6 not decreed at the timo. an interlocu- 
 tory decree is made, it may, at the petition of the Proctor 
 on either side, be decreed on any Court-day afterwards. 
 
 No monition to pay costs can be extracted until after 
 such costs shall have been regularly taxed by the Court. 
 
 § 37 [40]. Proxies. 
 
 Altliough proxies are not usually exhibited in maritime 
 suits, yet they may sometimes be rer^uired, in order to 
 prevent Proctors from proceeding in causes on instruc- 
 
 .1 
 
34 
 
 llULliS AND EEGULATIONS. 
 
 I 
 
 tions from parties not being themselves entitled to inter- 
 vene, or not IiJiving a legal 2)irsomc standi to prosecute a 
 cause"^. 
 
 § 38 [41]. Olher General Bales. 
 
 Upon the execution of conimissions to take bail, the 
 sureties must always jiistify their sutHciency before the 
 Commissioners, by being sworn to an affidavit f, to be 
 drawr. by ihe Kegistrar and annexed to the commission ; 
 and when bail is not taken by commission, and the Court 
 orders the sui-eties to jr tify, a similar affidavit must be 
 made. 
 
 When a caru'o has been delivered to the consitcnce, and 
 lie has not [)aid the freight, or when freight has been paid, 
 and is in the [)Ossession of the owner of the ship, master, 
 broker, or any other person, such ireight rmiy be arrested 
 by service of a warrani-, upois the consignee or the persoii 
 in whose hands the I'reiglit remains. 
 
 The same course is to be pursued when, uiuler simikir 
 circumstances, a monition is to be served to bring the 
 freio-ht into the Reii-istrv. 
 
 Ail commissions of unlivery, of appraiscmejit, and of 
 appraisement and sale, are to be extracted by the Proctor 
 for the plaintiff or promoter in the cause. 
 
 Ill those Courts in wldch it may be necessary that the 
 same individual should act as advocate and Proctor, he 
 may elect it^ which of the two capacities his fee, in those 
 instances where the duties are necessarily exercised to- 
 gether, shall be charged, and the practitioner is in no 
 instance to be allowed to receive fees for the same busi- 
 ness in both capacities, nor tc take a fee as Counsel where 
 the act of a Proctor only is necessary. The same rule 
 will apply to the fee specified in the table for a consulta- 
 tion in any intermediate stage of the i)roceeding, should 
 a " necessity arise to resort to (Counsel for advice ;'' but 
 an Advocate's fee for consultation is not to be charged on 
 any occasion where a reference to Counsel would not have 
 been necessary. The Practitioner in siudi cases is only to 
 be entitled to the fee for consultation as a Proctor. 
 
 If the i'ractitioner charifes the Advocate's fee formo- 
 
 tion necessarily made by Counsel before ihe Judge in the 
 
 •''Ogress of tho cause, he is not to charge or be alh>wed 
 
 * See Proxy, No. '-(i. 
 
 t See l""orm ol' Affidavit, No. 47« 
 
 ■mm 
 
 ,..,^.,! ■,^:n.«VV,.^^»^ ar^ 
 
nULES AND REGULATIONS. 
 
 35 
 
 . 
 
 the Proctor's fee for attending such motion, and where 
 he charges the Advocate's fee " for the h'?aring," lie is 
 not also to charq-c or be allowed the Proctor's fee ** for 
 :ittending informations on the final hearing;" nor is ho 
 in any case, when acting as Counsel in the canse, to 
 iharge the Proctor's fee for attendance to foe Counsel. 
 
 In the case of tho chnrgos for drawing, and the foe foi* 
 settling any plea, affidavit, interrogatories, answers, and 
 the like, the Practitioner acting in both capacities is not 
 to be entitled to tlie full fee for drawing, and to charge a 
 cop}' to settle, and also a fee for settling the sance ; but 
 may be allowed, instead thereof, to charge such fee as the 
 table prescribes for the Advocate on settling, and also a 
 rnoiety of the charges allowed b}' the Table to the Proc- 
 tor for drawing and copying. 
 
 It being provided by the f)th section of the Act, under 
 the authority of which these Regulations are established, 
 that persons fteling themselves aggrieved by the allow- 
 ance of any charges made by any Officers or Pra3titioners 
 in the said Vice-Admiralty Courts as not warranted by 
 the established Tables of Fees, mav have scch chari^e^ re- 
 taxed by the authority of the High Court of Admiralty of 
 England, upon summary application thereto. 
 
 It is requisite, when such applications are intended to 
 be made to that Court, that a set of the co[)ies of all 
 papcs previously made out and used in the proceedings 
 upon which the charges objected U> have arisen, or so 
 many of them as may be necessary to explain or support 
 the disputed charges, be transmitted to England; or if 
 such copies cannot be transmitted without incurring an 
 expense disproportionate to the object, it will be suffi- 
 cient, as a snlstitute for the same, tl-ac an affidavit be 
 made statinu; summarily the nature of the iirocecdings 
 and the decree in the cause, a description of the different 
 papers aiid the numberof folios contained in each of them, 
 and such facts or circutnrtances as will explain tlie nature 
 of the cause and the charges objected to ; which aflidavit 
 is to be tiled in the Registry of the Vice-Admiralty Court, 
 to give the Officer or Practitioner whose charges may be 
 objected to an oitportunitv of re[»lying thereto, which he 
 should do within a jicriod not excee(ling fourteen days, 
 to be limited by the Judge, who is then to order the costs 
 already taxed to be referred for revision to the High 
 Court of Admiralty, v.'ith copies of the affidavits. But, 
 
 I 
 
36 
 
 RULES AND REGULATIONS. 
 
 previous to any sucli order of reference being made, the 
 party complaining must pay to the adverse Proctor such 
 part of the allowed charges as is not objected to, and 
 must bring the remainder into the Registry of the Vice- 
 Admiralty Court, to abide the decision of the High Court 
 of Admiralty. 
 
 XoTE. — 1 he forcgomg liulcs a7id Regulaimis touching the 
 ■practice and proceedings in the several Courts of Vice-Admi- 
 raltg Abroad, are extracted from a Report addressed to the 
 Lords Commissioners of Mis Majesty's Treasury, drawn up 
 and signed by 
 
 JAMES FARQUHAR, 
 H. B. SWABEY, 
 WILLIAM ROTHERY, 
 and perused and approved by 
 
 HERBERT JEXNER, 
 JOHN DODSON, 
 STEPHEN LUSHINGTON. 
 
 And the whole, together ivith the Table of Fees for the respcc- 
 tive Colonies [regulated and approved by the same persons), 
 were submitted to and approved by the Right Honourable Sir 
 Christopher Robinson, Judge of the High Court of Admi- 
 ralty. 
 
 I 
 
TABLE OF FEES. 
 
 1 
 
 BY THE JUDCxE. 
 
 F.ies in the Pro qr ess of a Suit or Cause. 
 
 Sterling Money. 
 
 £. s. (I. 
 lor administering an Oath to a Witness or Party in a 
 Cause. TaKin;r Bail, whether by one or more Per- 
 sons. Decreeing Monition, Commission, Attach- 
 ment, or any other Instrument ; or for any Judicial 
 Act done before or after the Hearing of a Cause, and 
 
 not otherwise mentioned herein 2 
 
 The above Fee of 2s. to be taken by the Surrogate, 
 whenever he performs the duty. 
 
 On Subduction of an Action ?■ 6 
 
 On pronouncing a Party to be in Default , 8 6 
 
 On signing a Decree pronouncing for the interest o'' a 
 
 Party proceeding in poenam 8 6 
 
 On a Sentence or Interlocutory Decree 16 8 
 
 Fees upon the Sealing of Instruments. 
 
 Warrant oi Arrest, A[onition, Commission, Decree, Resti- 
 tution, or Attachment 6 6 
 
 Compulsory or Subpoena, or any Instrument not other- 
 wise mentioned ^ ^ a 
 
 Exemplification of any Docnn:ent or Proceeding ^^^2 
 
 Process transmitted to the Court of Appeal 6 6 
 
 BY THE REGISTRAR. 
 
 1. Fees on Instruments prepared by the Registrar. 
 
 For Drawing and Engi'ossing — 
 
 Warrant to arrest Ship, Goods, ov Person 5 
 
 Bail Bond •:•• ^ 6 
 
 Monition, Commission, or Deciec, whether of Unliv- 
 ery, Appraisement or Sale, or otherwise 13 
 
 Writ or Instrument of Restitution 13 
 
 Compulsory or Subpoena against Witnesses o 
 
 Wiit of Attachment 13 
 
 
 
 
 
 4: 
 
 4 
 
 
 4 
 
 Note.— This Table of Fees is applicable to Proceedings in the Vice 
 Admiralty Courts established in all the Colonies of Great Britain. 
 
 
38 
 
 TAJ5LE OF FEES. 
 
 Sterling Mwnej-, 
 
 If either of the ])rcceilln<f Instrniuonts exceed in length 
 
 ten folios, for everj' folio beyond t^sn 14 
 
 NoTK«— The folio mentioned throughout this Table of Fees uiurit oontiiin 
 ninety words, reckoning eiioh figure as a word. 
 
 Should the llegistriir bo required to iM'epare any other Document, 
 
 Instrument, or matter whatsover, not specified in this table, he will 
 
 be entitled to tlie same charge as a Proctor, viz. 
 
 For Drawing, for every folio 14 
 
 For fair Copying or Engrossing, for every folio 8 
 
 2. Fees on Documents not prcixired by the Itcrjistrar, but by the 
 Proctor, Solicitor, or Advocate t ) a Cause. 
 
 On a Decree, pronouncing for the interest of a Partj* pro- 
 ceeding in pcunam, being signed by the Judge 8 I* 
 
 On filing Aflidavit or Protest of a Master or Mariners, 
 without reference to the number of persons making 
 the same 3 (> 
 
 On filing Libel, Information, Claim, Proxy, or similar 
 
 Document 5 4 
 
 On filing Exhibit annexed thereto, or to any Afiidavit... 14 
 
 On entering (or engrossing) personal Answers of a Party 
 
 in a Suit, for each folio 8 
 
 ?). Fees on taking the Exami^iition of Witnesses. 
 
 On taking the Examination of ev ery Witness on an Infor- 
 mation, Libel, Interrogatories, or Plea, a fee of. 8ft 
 
 For each folio to which the Examination shall extend, if 
 
 in English 14 
 
 If by Interpretation (Interpreter included). 2 8 
 
 Not k.— It should be understood, that the Registrar, or whoever acts as the 
 Examiner fur him, should take the Depositions in chief of the Witnesses, 
 on the Libel, InfbruiiiTion, or Plea itself, without written Interrogatories;, 
 putting such relevant questions, i-iro voce, as may suggest themselves : 
 and care should be taken not to lead the WitncoS. The Libel, Informa- 
 tion, or Plea, should therefore a.lwiiys be drawn sufliuiently precise and 
 full, to enable the Examiner to take the Examinations accordingly- 
 
 The Cross-examinations must, of course, be taken on ivrittcn Interroga- 
 tories. 
 
 4. Fees on Office Copies of Papers or Proceedings. 
 
 For Office Copy of Sentence or Interlocutory Decree, cer- 
 tified under Seal 12 
 
 For Office Copy of any Affidavit, Examination, Answers 
 of a Party, or other Documents or Proceedings in " 
 Cause, or Extract therefrom, if under twelve folios... 5 
 
 If exceeding twelve folios, for each folio beyond twelve 8 
 
 Office Copies of Papers and Proceedings to form a Pro- 
 cess, to be transmitted to the Court of Appeal, or for 
 any other purpose, foreach folio contained therein... 8 
 
 5. Fees on Translation of Pajyers. 
 
 Wliere Papers are translated, the Registrar should charge the 
 Disbursement actually made to the Translator, with an addition of 
 one-fourth, to compensate himself for his trouble, advance, &c. 
 
TABL" OF FEES. 3(> 
 
 G. Incidental Fees in the Progress of a Cause. 
 
 Sterling Money. 
 £. s. d. 
 
 On Sub'liiotion of an Action G 8 
 
 For entering every ordinary Act of Court 14 
 
 On every liefanlt in'ononnceil against Parties in con- 
 tempt, in Cases proceeding in pa'nam 5 
 
 On every Interlocutory Dijcree or Sentence, including 
 
 dr-iwing tlte Act, to be paid by tiie Partj' succi.Miding 13 4 
 
 Sportulago upon every Sententu) or Interlocutory Decree, 
 
 to be paid b}' each Party in a Suit U> 4 
 
 Sportulage in a Cause, terminating without a Sentence 
 or Interlocutory Decree, to be paid by each Parly in 
 a Suit . 8 G 
 
 For every attendance iiefore a Judge or Surrogate, at 
 wliich any Decree is made, othci than an Interlocu- 
 tory I'r Sentence H 
 
 For a Receipt for original Documents delivered out of 
 
 the Registry 2 
 
 On a Search or Examination of the Records, by any Per- 
 son not being a Party in tiie Cau e in which the 
 Search is made 2 G 
 
 NoTK.— No Fee to be clinrged to the Party in the Cnuso, or to any Seaman 
 Applying for Seiirch. 
 
 For advertising an intermediate or extra Court Day, in 
 
 addition to the sum paid for Advertisement 6 8 
 
 7. On jmytjiy out Money. 
 
 For preparing Receipt for Money to 1 ^ paic' out of the 
 
 Registry , 14 
 
 Poundage on Money paid out of the Registry, for every 
 
 Pound sterling 2 
 
 8. Taxirifi Costs. 
 
 For taxing a Bill of Costs, if under six folios, from each 
 
 Party who attends the Taxation 4 6 
 
 If the Bill of Costs exceed six folios, for every additional 
 folio (l)esidcs the Fees above-mentioned), 'io ])e paid 
 in equal propo'-tions by each Party who attends; and 
 if but one Party attencl to be paid by him solely 6 
 
 9. References of Accounts, &c., by the Judije to the Rayistrar and 
 
 Merchants. 
 
 To the Registrar o 5 
 
 To the Assistant Merchant 5 5 
 
 If two Mei'chants, Five Guineas each. 
 
 BY THE MARSHAL. 
 
 For arresting a Vessel, Goods, or Person 110 
 
 For keeping possession of a Vessel and Cargo, jointly, or 
 either of them singly, when the same are not under 
 
 i I 
 
jfi^Wi^V^""'™?^ ' 
 
 40 
 
 TABLE OP FEES. 
 
 [ I 
 
 Sterling Money, 
 the responsible cliarjje and cnstody of the OtHcers of 
 the Customs, for oncli D.jy in wliich tliey remain in 
 the Marshal's Charge 4 
 
 For inqiiirinp^ into, and certifying; th« siifliciency «)f Per- 
 sons proposed as Sureties in any Suit, for each 
 Surety ' 5 
 
 For leleaso of a. Vessel, (ioods, or Person from Arrest... 5 
 
 For executing every Monition, or Decree for Answers of 
 a Party, or (.ompulsor}', or other Instrument not 
 si)eeirie(! H 8 
 
 For every Default or Decree pronouncing for the interest 
 
 of a P.irty proceeding in pnenam 5 
 
 For every Attendance; in Court, when aScnt(;nce or Inter- 
 locutory Decree is pronoimced .- 10 
 
 For executing every Decree or Commission of Apprai-e- 
 ment, exclusive of the Appraiser's Fees, but includ- 
 ing the making of tlu! Inventory, if t!ic value shoidd 
 not <'.xcced £500 sterling 16 8 
 
 For like duty, whe.. die value exceeds £500 st(!rl<!.g 2 
 
 For ('xeculing every Decree or Commission of Sale of 
 Sliip, or Goods, by Public Auction, when tlie gross 
 proceeds are under £200 sterling 1 (5 8 
 
 And on every additional LiOO sterling 13 4 
 
 On attendingthe execution of a Decree or Commission of 
 Unliver v .f Cargo (when not done for the purpose of 
 Sale), per Day 2 2 
 
 For taking a Person in Kxcicntion after Sentence, if tlie 
 Sum due from such Person does not e.x eed £20 ster- 
 ling 10 
 
 For tlie like duty, when the sura is above £20 and under 
 
 £oO sterling 2 
 
 For the like duty, when the sum is above £oO and under 
 
 £100 sterling, for evei-y Pound Pt(n-ling due 10 
 
 And on every additional Pound sterling after the lirst 
 
 £10'J 6 
 
 NoTR,— Should ir, be nccessiirv f(ir the jMnnslinl t.» ko iiny du'stiince, to exe- 
 cute any of the above duties, there should bo piiid tw hi n for loss of time 
 nnd Travelling E.xpens..-s, in additioti to the prujudiuK Foes, the follow- 
 ing:— 
 
 If the distance exceeed Two, and be under Four Miles... 110 
 
 If abov(* Four, and under Eight Miles 2 2 
 
 If the distance be still greater, the allowance to be reasonably in- 
 
 ci'eased 
 
 i 
 
 I 
 
 BY THE ADVOCATES. 
 
 It is not easy to lay dovvn any precise Rules respecting Fees to 
 Counsel, inasmuch .-is the amount must depend upon the circum- 
 stances of each ])articular case, with reference to its length, impor- 
 tance, and difficulty. 
 
 In all undefended Cases, and in matters of no great difliculty, one 
 Counsel ought to be considered suflicient. 
 
 Subject to thejf observations, the following ."^.nggestions arc made, 
 
TABLE OF FEES. 
 
 41 
 
 4 
 
 f«r th(! guidance of tlie rroctor in feeing Counsel, upon matters 
 which most frequently occur ^n the progi'ess of a Suit: — 
 
 Sterling Money. 
 £. s. d. 
 
 2 2 
 
 1 
 4 
 
 1 
 1 
 
 1 
 
 to 
 
 4 
 
 Retaining Fee to an Advi.cMte 
 
 For perusing, sottlin<^, and signing Inforni'ition or"1 
 Libel, Claim and Aflulavit, Act on Petition, re- | 
 
 ' sponsive I'lea (or Rei)lication) to Libel or Infoi'ma- } 
 tion, or Act on Petition, according to the length or | 
 difficulty '. J 
 
 For perusing, settling, and signing Interrogatories, An- 
 swers, &c. when the s:mie do not exceed twelve 
 folios in length 
 
 For every additional lifteen folios, to the extent of sixty 
 
 Note.— It sliould be undci-.-tond, thiit in preparing Interrogatories for the 
 crosH-cx;iiiiinii.tion of Witne-jSL's. thoy are not to be drawn sepnr.ately for 
 eacii \Vitnc-.«, to whom the Hamc are to be administerd ; but that, when 
 I)r;ictic:ible(!is in most instances will bo the case), one set of Interroga- 
 toiies should be prepared, generally applicable to i.ll the Witnesses. 
 
 For a Consultation in any intermediate stage of the"! 
 
 Proceedings, should a necessity arise to resort to ( 
 
 Counsel for advice; but this ought not too fre- j 
 
 quently to occur, and only in cases of ditliculty.... J 
 
 For any Motion necessaril}' made by Counsel, before f 
 the Judge in the progress of a Cause t 
 
 The Fee for the final Hearing must depend upon the^ 
 length of the Evidence, and the great importance I 
 and difficulties of the Cause; but, in cases of no ( 
 great intricacy, the Fee should be from three to y 
 rive Guineas, and not to exceed the latter sum, un- 
 less where the Proceedings are voluminous, or 
 unusually important or difficult 
 
 1 
 
 to 
 
 3 
 
 1 
 or 
 
 2 
 
 3 
 to 
 5 
 
 ■ \ 
 i 
 
 4 
 
 I 
 
 BY THE PROCTORS. 
 
 Retaining Fee 
 
 For attending before the Judge, or Judge Surrogate, 
 
 eitherin Court or Chambers 
 
 On extracting any Warrant, Monition, Commission, 
 Writ, or other Instrument 
 
 Drawing Libel, Information, Plea, Claim, Affidavit, Act 
 on Petition, Interrogatories, Answers, or any other 
 Proceeding whiitever, not herein specified, for everv 
 folio .". 
 
 F"air Copying or Engrossing, for every folio 
 
 For Consultation with Party, for the purpose of taking 
 Iiistructions for the Libel, Information, Plea, Act on 
 Petition, or for any other important purpose, during 
 the dependance of aSuit 
 
 For Consultation with Counsel, if any such should be 
 found requisite, preparatory to the final Hearing of a 
 Cause, or otherwise '> 
 
 6 
 
 8 
 
 6 
 
 8 
 
 7 
 
 6 
 
 1 
 
 
 
 4 
 
 8 
 
 G 8 
 
 13 4 
 
42 
 
 TABLE OP PEES. 
 
 Sterling Money. 
 £. S. d. 
 
 For Atiendiinco on Counsel to fee liim to pornso, settle 
 and sign any Information. Libel, Heplieation, or 
 other Plea, Claim, Affidavit, Act on Petition , An- 
 swers, Interrogatories, or other matter, or upon any 
 other occasion that amy arise on delivering Papers 
 
 and feeingCounsel 8 
 
 NoTK.— Cure should'.bo tiikon not to inoreiisc the nuiuher of Attcndanccg or 
 Confultations Avith Counsel, wliieli ou»Ut only to be resorted to when 
 iibaolutely noccsMiry. 
 
 For any necessary Attendance on the Registrar, or on the 
 adverse Proctor during the Progress of a Cause, to 
 adjust any incidental point in tlie Suit, or on tlie 
 Rlarslial, to instruct him, as to tlio service of any 
 Instrument, Reporting Bail, &c 5 
 
 On all Olliod Copies of Depositions, «&c., obtained from 
 tlio Registrar, one-third of the actual sn n paid at the 
 Registry is to bo added for trouble of collating and 
 extracting the same. 
 
 For perusing and considering any Papers, Exhibits, or 
 Documents furnished, or introduced into a Cause, by 
 the adverse Party, or furnislu'd \,y a Party to his own 
 Pi'octor, for tlie purpose of being brought forward as 
 Evidence in the Suit, if not exceeding twelve folios.. 3 4 
 
 For every addition d twelve folios 2 
 
 For attending Informations on the final Hearing of a 1 ^ j^ o 
 Casse, v,'hen it occupies only a short time, \0s. ; if > 
 a few hours, IGs. 8d. ; if a whole day, £l. G*-. 8d \ i r s 
 
 Note. — Proceeding.* for the Forfeiture of Sliives", Ship?, or Ooods, nnd for 
 the Recovery of Pennltios consequent thereon, liiive, in some in.stiinces, 
 been ciirried on by two sepiirate .Suit.t; one for the contleinnation of the 
 Property, and the other for the I'enaltics. This mode of proceeilin.a; 
 should bo discontinued, one Suit being only necwsary to accomplish both 
 objects. 
 
 Undefended Posecut ions for Breach of the Acts for the Abolition of the 
 
 Slave Trade. 
 In all such Prosecutions carried on under one Monition, 
 where no Party appears to defend — 
 
 To the Judge I 10 
 
 To the Registrar, including a Copy of tlie Interlocu- 
 tory Decree, or Sentence 3 
 
 Tothe Proctor 4 
 
 To the Advocate 110 
 
 To the Marshal 16 
 
 : 
 
 £10 6 
 
 Approved. 
 
 (Signed) 
 
 HERBERT JENNER. 
 JOHN DODSON. 
 STEPHEN LUSHINGTON. 
 JAMES FARQUHAR. 
 H. B. SWABEY- 
 WM. BOTHER Y. 
 
OF 
 
 ■ 
 
 Aciions, Pleadings, Irs ruments, Decrees, and other Incidents 
 in the Progress of a ('ause. 
 
 No. 1 [15]. 
 
 FORM of AFFIDA VIT to he left in the licgistn/ on the Entnj of an 
 Action in a Cause of Btibtraetion of Wages. 
 
 In the Vice-Admiralty Court of 
 
 \_Inscrt names of Ship and Master.'] 
 appeared personally late Mate [or as the fact may bcj 
 
 on board the above ship or vessel (whereof 
 
 now is or lately was master), and made 
 oath that there is justly and truly duo and owing to him tlie sum of 
 pounds shillings, or thereabouts, 
 
 of lawful money of being the Ijalanee of wages due to 
 
 hir^ ♦or his services as Male on board the said ship or vessel ; and 
 he further made oath, that ho hath caused various applications tobc 
 made to the Master [or Owners, as the fact may be'] of the said ship 
 or vessel for the payment of the said balance of wages without 
 being able to obtain the same, and that the aid and pi'ocess of this 
 Court are required to enforce his demand. 
 On the day of the said ) 
 
 was daly sworn to > (Signed) 
 the truth of this aflidavit. ) 
 
 Before me, 
 
 (Signed) 
 
 No. 2 [10.] 
 
 FORM of AFFIDAVIT to be left in the Registry on the Entry of an 
 
 Action in a Cause of Pilotage . 
 
 In the Vice-Admiralty Court of 
 
 IJnsert Ship's name and Master.] 
 appeared personally of Pilot, and made 
 
 oath that there is justly and truly due and owing to him the sum of 
 pounds shillings, or thereabouts, of lawful money 
 
 of Great Britain, being the amount of pilotage due to him for his 
 services in piloting the said ship or vessel from to 
 
 and he further made oath that he hath caused various applications 
 to be made for the payment of the said sum to the Master {_or Oivn- 
 ers, as the fact may be] of the said ship or vessel, without being able 
 to obtain the same, and that the aid and process of this Comt is re- 
 quired to enforce his demand. 
 On the day of thf said ^ 
 
 was duly sworn to > (Signed) 
 the truth of this affidavit. ) 
 
 Before me, 
 (Signed) 
 
■M" 
 
 44 
 
 FORMS. 
 
 No. 3 [I7J. 
 
 FORM of At FID A VIT to he Irfi in the Registry on the Entry of an*' 
 Action in a Cause of Bottomry. • 
 
 In the Vice Admiralty Court ot '*j 
 
 {Insert Ship's name and Master.] "e 
 
 appeared pcrsonnlly one of the ptirtnerH in the house of trade "t 
 
 acting under the firm of MesHrM. of 
 
 and made oath that he, the deponent, and his Raid partners, are the le^al 
 holders [or '' lawfully conslilutrd atlornies of the legal holders,'^ as the fat 
 may he] of a bottomry bond upon the said siiip or vesHei 
 (whereof is master), arid also upon the freight due for the 
 
 transportation of the curgo luden on board tl)e said ship ['^and on the said 
 caryoy should the same he included in the botid] on a voyage from the port 
 of to the port of and lie further made oath that the said 
 
 ship or vessel hath arrived in the said port of and that applicatioa- 
 
 bas been made on behalf ol this deponent's said house to [insert Muster'' k 
 name, or Owner's, or Ayent'sfor Owner] for the payment of the amount 
 of the said l)ond, but that the payment thereof cannot be obtained, and 
 that the aid and process oi this Court is required to enforce the same. 
 On the day of the said i 
 
 was duly sworn to > (Signed) 
 
 the truth of this affidavit. S 
 
 % 
 
 Before me, 
 (Signed) 
 
 y>tamtn*F 
 
 No 4 ri8l. 
 
 FORM of At FID A VIT to be left in the Registry on the Entry of an 
 Action in a Cause of Damage to a Ship by Collision. 
 
 In the Vice- Admiralty Court of 
 
 [Insert Ship's name and Master.] 
 appeared personally ot and made oath that he 
 
 is the owner of the ship or vessel called the (whereof ■ 
 
 WP.s master), which vessel was, on the day of run foul ot 
 
 by the above-named vessel called the of (whereof 
 
 now is or lately was master), off wiiereby great loss nnA damage 
 
 have been occasioned to the said vessel and her cargo, and that 
 
 be hath applied to [insert the name of the Owner or his Agent] lor com- 
 pensation for the said da'^age, but that he has not been able to procure 
 the same, and tliat the aid and process of this Court is therefore necessary 
 to enforce his demand. 
 On the day of the said ^ 
 
 was duly sworn to > (^Signed; . '. ,• > ••"• 
 
 the truth of this affidavit. J •••,.,' 
 
 Before me, 
 (Signed) 
 
 No. 5 [19]. 
 
 FORM of AFFIDAVIT to be left in the Registry on the Entry of an 
 Action against a Person in a Cause of Damage by beating or Assault 
 on the High Sea. 
 
 In the Vice- Admiralty Court of *■ 
 
 [Insert the names of Plaintiff and Defendant.] 
 
 appeared per-sonally and m.ide oath that he was lately .serving on 
 
 board the ship or vessel called the (whereof now 
 
 is or lately was master), in the capacity of that whilst so 
 
 '' 
 
I'' 
 
 FORMS, 
 
 40 
 
 :' 
 
 I 
 
 serving ho wa.s beaten and assHiilted by the naid by which thin 
 
 appcarcr received jfiievioiis personal injury und damage. 
 On tbu dtiy ul theoaid^ 
 
 was duly Nworn to > (Signed) 
 the truth of thiH nHidaviC. ) 
 
 Hefore me, , , -■ 
 
 (Signedj 
 
 No. 6 [20]. 
 
 FORM Of AFh'lDA VJT lo be left in the Rtyistry on the Entry q/' an 
 Action in a Cause of !Satvoyc. 
 
 In the Vice-Admiralty Court of 
 
 llnsert Tiamr of S/iijt and Master.'] ' 
 appeared personally ot and made oath that on the 
 
 day of IIP. this deponent, with went to the 
 
 asHiutaneo ot the Haid ship or veHsel, the (whereof was 
 
 master), which was then in distress, and rendered salvage services to the 
 Shid ship and cartjo ; aaA he further made oath that he has applied to 
 of the owners or agents [«?• ma' thrfaa may he] ol the said 
 
 »hip and cargo for remuneration lor the salvage services so rendered, but 
 that they have refused to pay an adequate Suui lor the same, and that the 
 aid and process of this Court is now required to enfoiee the said dem ind. 
 On the day of the said ^ 
 
 was duly sworn to > (Signed) 
 the truth of this affidavit. j 
 
 Before lue, 
 (Signed) 
 
 Mo. 7 f43j. 
 
 FORM of AlFWA VIT and SCHEDULE in support of a Occrceprq- 
 nouminy for the Interest of a Party proceed! ny by DefauH {or in 
 panam) in a Cause of Subtraction of Waycs. 
 
 Memorandum.— When an affidavit similar to this form has been sworn 
 to, prior to the ifsue of tlie Warrant, it is not necessary to exhibit 
 any further affidavit to obtain the decree. 
 
 In the Vice Admiralty Court of ^ 
 
 [Insert names of Ship and Master J] 
 appeared personally late Mate {or '^Carpenter.''' "Boatswain,'^ 
 
 or as the fact may /ic] belonging to tiie said ship or vessel called the 
 (whereol now is or lately was master), 
 
 and made oath that on or about the day ol the said ship or 
 
 vessel being in the port of and designed on a voyage to 
 
 and hack to the port of with an as.sorted cargo ot mer- 
 
 cb indize, the said the master, did, by hirasilt or agent, ship and 
 
 hire this deponent to serve on board the said ship during her then in- 
 tended voyage as aforesaid, as Mate; and for the performance of the 
 same did agree to pay him wages, at and after the rate of per 
 
 month ; and accordingly he, this deponent, to wit, on the day of 
 went oij board and entered into the service of the said ship, and did sign 
 the usual mai»iner's contract or ship's articles, for the voyage or voyages 
 then to be performed by the said ship ; and that shortly after he had 
 been so shipped, the said vessel proceeded in ballast [or as the fact may be] 
 with him, this deponent, on board, andsaiely arrived at aforesaid, 
 
 on or aboat the day of the said month of and took on board, 
 
 a cargo of with which on or about the day of last, 
 
 they proceeded back to the port of where they safely arrived 
 
 on or about the day last, and thereby earned considerable 
 
 
46 
 
 FOHMS. 
 
 
 freight. And lin further iiailo ontli thnt he wr.s contintiod on board and 
 in the service ol the .miid Hiiip or vessel until tho d y of 
 
 when ho watt ilm'hnrgi^A therefrom ; that durinj; all tlm time he thin 
 deponent was in the hcrviee ol tho unid ship or ve.sHel, and until h« 
 was HO disclinrgcd, ho did well and truly perform IiIh duty nn a iiiah: 
 on board the Haid 8hip. to the utiuoNt oi liis skill and ability, and 
 wos obedient to all the lawlul commands ol the xaid tho 
 
 mnstcr and other officers of tho said ship or vessel, and did well and 
 truly deserve the wn^jtes so aj^reed on as aforesaid, between him thirf do 
 ponent, and the said the master, and fo much or ;;reater wajjes 
 
 were then jjiven to personN flervini^ in the like capacities on hoard ship" 
 of the like burthen, and on like voyages. And he liirther madooath that 
 there is now, justly and truly duo and owing to him, as tho balance ul 
 wages for his services on board sudi vessel, the sum of 
 after dednctinf; therefrom lUe F<;iin nf for cash advanced, and for 
 
 Greenwich and the Merchani Seaman's Hospitals' dues, as appears tiy 
 the schedule annexed hereto, and to which 'ic ha.-j subscribed his name. 
 On the day of") 
 
 (Signed) 
 
 the said 
 
 } 
 
 WHS duly sworn to the truth f 
 ul the aforegoing atliduvit. J 
 Before me, 
 
 (Signed) 
 
 SCHEDULE refrrredto in the annexed Affidavit 
 To wages due to as iralc on board the ship i 
 or vcHflel from the to tho 
 being months and days at per month. 
 Deduct cash advanced - - - £ 
 For Greenwich and the Merchant Seaman's Hos- 
 pitals' dues, 
 
 (Signed) 
 
 £ 
 
 No. 8 [44]. 
 t ORM of AFFIDA VIT to be made in Suf)purt of a Decree pronouac- 
 iny/ur the Interest of a Party proceeding/ by Default (or inpmnam) in 
 a Cause of Bottomry. 
 
 In the Vice Admiralty Court of 
 
 [Insert names of Ship and Master.] 
 appeared personally merchant, one of the partners in the house 
 
 trading under the firm of ol merchants, and made oath 
 
 that his said house of trade are the legnl holders [or "lawfully constituted 
 uttornies of tke legal holdets,'' as the fact may be] of the bottomry bond 
 hereunto annexed marked and the deponent further made oath 
 
 that he hath been informed and verily believes that the said ship or vessel 
 called the whereof was master, the property of 
 
 being in the month of last, in the prosecution of a voyage from 
 
 to th3 port of and hack, but then lying in the port 
 
 of and the said ship being then in want ofreparations refjttings, 
 
 provisions, stores, and other necessaries to refit, equip, and sot forth the 
 same lor sea, and to enable her to perform her .said voyage, the said 
 
 did apply to the afoie.said firm of of aforesaid, to 
 
 adyance and borrow from tfiem a certain sum of money, to pay lor such 
 reparations, retittings. provisions, stores, and other necessary expenses : 
 and the deponent verily helievef- that the said did supply the .said 
 
 with the sum ol lawful money of upon th(* .id- 
 
 venture of the .said ship, for the purpo.se of eiinbling him to .set forth and 
 equip the said vessel lor sea, and which said sum was applied, as the 
 
FORMS. 
 
 47 
 
 deponent liiitli hecn inloriiird and Tt-rily belicTex, In th«» repairH ol tlio 
 HHid veH.«el, and to onaMe llio said to Hct forth and <ny.y ,, nor 
 
 <or sea. and in liirniHhinit licr witli proviHionH and otliur ntjooNsiiriet*, to 
 enable licr to peiloiin her naid intended vo^h;?o, and which said huui of 
 lawful money (d the deponent hath hcen informed 
 
 and verily ItelicveH the cnid did advance, and the said 
 
 did take upon bottomry vi' the ^aid i^aid siiip ur vtfsel with 
 
 nil freight and monies to ^row duo lor thociiartcr or hire thereof to 
 
 together with her tackle, nppavel, and lurniture, at the premium or 
 ritik and adventure of lawful uiuney ul for the Naid 
 
 voynjre ; making together the Hum of lawful money ol 
 
 and the said in or by the bond or inHtruiuent ol hypothecation 
 
 heret'i annexed, bearing date the day ol by liim duly 
 
 executed, did bind liimHell and the owner, and IVeifiliteis of the naiij 
 vessel, their beir-. executorn, and adininiHtrators ; and more especially 
 did mortgHi'e, hypothecate, assign and make over unto the .said 
 their executors, administrators, and assigns, the said vesH.sl and 
 
 ber Ireisbt, totfotber with all and sinunlar her tackle, apnarel, and lur- 
 niture. fur payment ui the said .s .m ul ol lawful money ol 
 
 to the Huid their executors, administniturs or assiiins, within 
 
 days after the sh' ' arrival (d khc said vessel at the port of 
 and the deponent lui-ther made oath, that be hath been inlormed and 
 verily believes tliat the said vessel arrived at the port ol 
 
 (being her port of dcsliriation) on or about the day ot last, 
 
 HDd that the said bond ol bypothecutiott signed '■ " hath been 
 
 duly tendered to the said lor payment, who acknowiedgec^ the 
 
 same, and that the aforesaid subscription thereto was ol the hand writing 
 of the said {as thtfmls may hi] and t' it the said sum of 
 
 secured by the said bond to be paid to the sni<< their exccutorH. 
 
 admiuistrators. or n.<isigns, was a just debt, but that the said 
 reluscd or declined to discharge the same ; and the deponent lastly made 
 oath that the said sum of still remains justly duo and owing to 
 
 the said who have caused the said ship or vessel her tavkle, 
 
 apparel and furniture, and the Ireigbt due tor the transportation of the 
 cargo, to be arretted by virtue of the power and authority of this Court. 
 On the day of "i 
 
 the said was duly sworn > (Signed) 
 
 to the truth of this affidavit j 
 
 Beloro we, 
 
 (Signed) 
 
 No 9[47J, 
 
 hORM OF AFFIDA VIT as to the perishable state of a Ship or Vessel 
 proceeded ayainst by Default {or in pcenam) . 
 
 {Insert names of Ship and Master, and date.] 
 Appeared personally and and made oath that 
 
 the said ship or vessel her tackle, apparel and furniture, 
 
 boats, stores, and appurtenances, have continued under arrest in virtue 
 of the process of this Court since the day of last ; that the 
 
 said ship or vessel is now lying in tlie exposed to nil weather ; 
 
 that during the time the said ship or vessel bath been so under arrest, [or 
 us the facts maybe] the deponents have frequently been nn board her, and 
 they verily believe that the said ship or vessel is daily sustaining injury and 
 deteriorating in vaiue,and that it will be fur the benefit of the persons 
 interested in the said ship or vessel to have the same sold by virtue of a 
 decree Irotu this Court. 
 Sumo day, sworn before tne, (Signed) 
 
 (Signed) 
 
H I )- .iLjpw, i H ii > ii M i ni.mi . . ., 
 
 48 
 
 FOMIS. 
 
 
 No. 10 [MJ 
 
 FORM of AFFIDAVIT lo he madn when apprais'^d Value of a Hihip 
 
 cannot be obtained. 
 
 In the Vice Admiinlty Court of 
 
 [Jnsc't the names of S/iip and Master. 1 
 appeared personally iind und made o»th timt, in virtue 
 
 of the authorlDy ol iMs Court, the above-rmmed ship or vessel 
 was appraisal at t!ie sum of ap.l duo notice was given, by adver- 
 
 tisements and otherwise, lor the s.iie thereof, to t.ijie place by public 
 auction on the day of that tiie said ship w vessel was 
 
 thereupon put op for sale, wlipr. ihc hi;ihe«t sum ottered for tlie purchase 
 thereof wn.H thr; snin id and im more ; Jind tlicse deponents (urtiicr 
 
 make ®atb tha: [insert the cavsr luhuh may Inire occasioned the differcncr; 
 in value between I tie time of appraiaenicnt und that of tfic avction, or ani/ 
 special circvinstanc'.t that mnij be nerrssarij'] hi>d liiat, in cnnseqtience 
 thereof, these di ponenis vt^rily and in their cin-icipnces believe that tlie 
 said sliip or viSM.1 ought n. it to he considered ot greater valoe thin the 
 sum of 
 On the day ol tlitsaid^ (Signed) 
 
 iind w('re> 
 
 duly sworn to the truth tlicreol ) (Sigtii'd) 
 Before me, 
 
 (Signed) 
 
 No. U [G'J]. 
 FOl.M of AFFIDAVIT as to Notice of Bail. 
 
 ^Insert names of ^hij) and Masti r.^ 
 appeared personally of ao'l maileoMth that on tbe 
 
 day of he the appearer delivered u» [insert the name of Froctor to 
 
 whose party the bait is to be (jiven'] the Id lowing names ut f^ail to niiawer 
 the action coMimeueed in this hehall, viz of 
 
 and of that from such time to the time of his being sworn 
 
 to the present affidavit, more than twenty-fours have elap«ed. 
 On the day of the said 'i 
 
 was duly sworn to the> (Signed) 
 truth of this affidavit. j 
 
 xJefore me, 
 
 (Signed) ■ 
 
 No. 1-^[70J. 
 FORM of ACT on F HOT EST. 
 
 Ix the Vice-Admiralty Court of 
 
 [Insert name of Ship and Master, and Proctor's natne.] 
 on the day ol exhibited as Proctor and appeared 
 
 to the action lor of and of but neverthe- 
 
 less under protest to the jurisdiction <d' this Court, and under such his 
 protest alb;;ed them to be the principal owners of the said sbip or vessel 
 
 (whereof now is or lately was master) ; and he further 
 
 expressly alh'ged that the place where the collision in question in this 
 cause happened was within thirty yards of ttie west pier, ac the entrance 
 ol the ilumber dock basin, in the parish of the Uoly Trinify, in the south 
 ward of Myton, in the town and county of the town ol Kingston upon- 
 llull, twenty miles up the river Ilumber, [or as the facts may be] and 
 accordingly that the same not having taken place on the high .seas, but 
 with-n the fiody of a county as aforesaid, is not within tliejuri.sdiction 
 of, nor cognizable by this honourable Court ; and in verification of 
 what he so alleged, the said prayed 
 
FORMS. 
 
 49 
 
 
 leave to refer to certain affidavits, cxiiibit^ and other proofs to be by 
 him broviglit into and lelt in the Registry of this Court ; wherefore he 
 prayed t le Woishiplul the Judge to admit the validity of his protest 
 to dii^miss his panics Iroir all lurthcr obseivauce of juj-tice in tins causf, 
 antl to condemn and ihc parties promoting the 
 
 same in cusrs. 
 
 In the pi eHcnoo of the Proctor of of the owner 
 
 ot the ship or vessel the party pr()raotin,fj this suit dissenting 
 
 and denying the allegations of to ho true, and he alio ed that the 
 
 collision in qiiesciop tnok piiee in the afternoon of the 
 
 day of in the lluiiihcr ; that th'i nlacn w^hore the said collision 
 
 happened was about thirty vards I'l-oin the outer end of the western pier 
 of the port of Hull, [or as ilic farfs may /;^] withio the flux and reHus of 
 the tide, which was then about liiree quaiiers flood, and within the juris- 
 diction of this himourable Court ; and in verification of wimt l;oso a ieged, 
 the siiid prayed leave to lelcr to certain affidavits ard ottier proofs 
 
 to bo l)y liimextiihiter] ana left in the IJfcristry ot this Court: whertforehe 
 humbly submitted that ttiis oiuisc of damai:e is ccij3[nizableby this honour- 
 able Court, and pra\cd tl:e Woishipliil the JudL'e to overrule the said 
 protest, to assign tiie said to appear absolutely and to condemn 
 
 and his said parties in costs. 
 
 In the presence 
 
 CO f)e true ; whereupt 
 of both Proctors wlii;nsuever. 
 
 "senting and denying the allegations ot 
 11 tiie Judge assigned to f>oar on petition 
 
 (Signed) 
 (Signed) 
 
 [To he signed hy 
 the Froctors.l 
 
 
 No. 13 171]. 
 
 FORM of LlBFJj or Suntijiary Petition in a Caua of Subtraction of 
 
 Wages. 
 
 In the Vice Admiralty Cou; t of 
 
 [Insert names of Ship and Master,'] 
 [Insert Proctot-'s name] on the day ot in the year of our 
 
 Lord exhibited as Pr(H!t<jr ior late mate [-'cooA," or 
 
 '•^ tar penter,'''' or as the facts may be] on !)oard the ship or vessel called 
 the and for late a mariner on board the same, and 
 
 made himself a party for tliem, and under tliat denomination, and by ah 
 better and more etfoctual ways, means, and methods, and to all intents 
 and purposes ill the law whatsoever that may be most beneficial for his 
 said party, did, by way of summary petition, say, allege, and in law arti- 
 culately propound as follows, to wit-- 
 
 That in or about the month of in the year of our Lord 
 
 the said ship or vessel the (whereof the said was master), 
 
 being in the port of and designed on a voyage from thence to 
 
 and back again to the said port of tlie said the master, 
 
 did, by himself or agent, ship and hire the said to serve as mate, 
 
 and tlie said to serve as mariner, on board the said ship or vessel, 
 
 during the said interdod voyage, the said at the rate or wages of 
 
 per month, and the said 
 per month ; and accordingly, on the 
 
 they, the said and 
 
 service of the said ship or vessel the 
 monthly wages ufnipsiiid, and signed 
 
 ner's contract ; and the said s lip or vcsssl having taken in a cargo of 
 set sail therewith, and with the said and on board, 
 
 at the rate or wages of 
 
 day ot the said month of 
 
 entered on board and into the 
 
 in the capacities and at tho 
 
 the viMiiil ship"-" articles or mari- 
 
oO 
 
 FORMS. 
 
 for the snid port of 
 
 where she safely arrived. That the said 
 
 ship or vessel remained in the said port of for months, 
 
 and during that time disposed of her said on 'ward bound earso. and took 
 
 A- 
 
 Th 
 
 the 
 
 thof 
 
 board 
 
 in the year the said ship or vessel ailed therewith from the said 
 
 port of and then proceeded on her homeward-bound voyage to 
 
 the said port of where siie likewise eafely arrived in the month of 
 
 last with the .said and on board, and was there 
 
 silcly moored, and the s-aid discharged them from the service ot 
 
 the said ship or vessel without paying them the wasres due to 
 
 tliem for the said voyage, though often applied to and requosted so to do. 
 That during allthe aluresaid voyage or voyages they, the said and 
 
 did well and truly perform their respeciiveduties on board the said 
 ship or vessel in their respective capucit es alore.-aid, and were obedient to 
 all ths lawful commands ot the said master and other offi 'ers on board the 
 said ship, and well and truly deserved the wages of and 
 
 per month, as mentioned and set forth in the schedules hereto annexed, 
 marked A and B, (which tiie party propounding theiu prays may bo taken 
 as if here read and inserted, and as part a;id parcel hereof,) and so much 
 or greater wages were then rriven to persons serving in the like capacities 
 on l)oard other shipsof like burthen and on the like voyage or voyagts. 
 And this was and is true, public and notorious:, and so much the said 
 I Or '* Ihc Owner of the snid ship or vessel,''' or party (kj'eadant, as 
 
 the facts may be] the master, doth know and in liis conscience believes to 
 he true and the party proponent doth ullege and propound of any other 
 time, place, person or thing, sum or sums ot money, as shall appear from 
 the proofs to be made in this cause, and every thing herein contained 
 Jointlv and severally. » 
 
 T'hat the said ship or vessel on or about the day of 
 
 arrived at the port of within the jurisdiction of his Majesty's Vice- 
 
 Admiralty Court of and that, by reason thereof, fll and singular 
 
 the premises have been rightly and duly complained on the part and be- 
 half of the said ^ and to the Worshipful the Judge 
 thereof, and to the said Court, and the party proponent doth allege and 
 propound as before. / 
 
 That all and singular tho premises were and are true. ^ 
 
 The Schedule A . 
 
 Wages of the mate, from the day of to" 
 the day of being months and days, at] 
 the rate ot per month ' 
 
 Deduct Cash received by advance ii ' 
 
 Greenwich Hospital and Merchant Seaman 'is | 
 
 Uospital dues ' 
 
 Balance of wages due to the said 
 
 The SeJieduk B. 
 
 VVagea of mariner, from the day of 
 to the day of being months and days, at " 
 the rate of per oaonth *..!.. ' 
 
 Deduct Cash received by advance £ ' 
 
 (Jreenwicb UoHpitai and Merchant Soammti's | 
 
 Hospital dues ' 
 
 Halanop Of wkges due to the said 
 
 £ 
 
 .£ 
 
 ( 
 
 V 
 
 s 
 
 1 
 
 * 
 
 ^ 
 
 V^ 
 
FORMS. 
 
 51 
 
 
 Vt 
 
 No. 14 [72J. 
 
 FORM of LIBEL or Summary Petition pleading special Matter in a 
 Cause of Subtraction of Wages. 
 
 In the Vice-Admiralty Court of 
 
 [Insert names of Ship and Master.'] 
 on the day of in the year of our Lord 
 
 exhibited iia Proctor for Inte mnriner on bourd the said ship or 
 
 vessel called the and made himself a party for him, and under 
 
 that denomination, and by all better and more effectual ways, means, and 
 methods, and to all intents and purposes in the law whatsoever that may 
 be most beuelicial for his said party, did, by way of summary petition, 
 say, allege, and in law articulately propound as follows, to wit — 
 
 That some time in or about the day of in the year of our 
 
 Lord the said ship or vessel whereof now is or 
 
 lately was master and sole owner, being then in the port of and 
 
 designed on a voyago to the island of in the West Indies and back 
 
 again to tho port of _ the said the master, did, by himself 
 
 or hia agent, ship and hire the said to serve as a seaman on board 
 
 the said ship or vessel, on her then intended voyage, and for bis services 
 did agree to pay hira wages at and after the rate of per month, 
 
 and on or about tho said day of the said ';vent on 
 
 board and entered into the service of the said ship in the capacity and at 
 the wages aforesaid, and signed the usual ship's articles or mariner's 
 contract accordingly. That shortly after the said bad been so 
 
 shipped as aforesaid, an assorted cargo of merchandize having been taken 
 on board the said ship, proceeded with the same and with the said 
 
 on board for the said islpnd of where she safely arrived on or 
 
 about the day of the month of and there discharged her 
 
 said cargo. That upon the afternoon of the day of the said month 
 
 of whilst the said ship was lying at the said island of tho 
 
 chief mate of tho said ship gave permission to the said and two 
 
 others of his shipmates to go on shore ; and they accordingly, about three 
 o'clock of the said afternoon, went on shore. That there being at that 
 
 ime no very urgent duty to perform on board the said ship, they did not 
 return on board again the same night, but ibout eleven o'clock of the 
 following day, being the day of the said month of 
 
 whilst the said and his two shipmates were coming down to their 
 
 ship they were apprehended by the civil authorities, at the instance of 
 the said the master who charged them with intending to desert 
 
 the said ship ; and notwithstai ding their positively denying the said 
 charge, and declaring tbcy were perfectly willing to return on board tho 
 said ship, the said and one of his shipmates, were, at the 
 
 instance of the said committed and sent to prison, and for the 
 
 first forty eight hours (if their confinement therein were not furnished 
 with anything cither to eat or drink. That the said was then 
 
 continued in prison for seventy-five days, without receiving proper nutri- 
 ment, and was led on the worst food, whereby he became very ill, and his 
 health has been greatly impaired. That on the day of the month 
 
 uf lollowing, the said came to the prison in which the 
 
 said was confined, and he being then in a weak state, was taken, 
 
 by the (irders of on board the said ship, but prohibited from doing 
 
 any duty on board during the whole of the return voj'agc, the said 
 informing him that if he attempted to do any duty during any part of 
 the return voyage, he the said would blow his brains out, and 
 
 lor which purpose he kept his pistols always loaded. That the said ship 
 tlieu pro«*ecdcd with a cargo of sugar and coffee on her return to the port 
 
 V: 
 
 I 
 
i HH i lll. H W'HIIW I i 
 
 Tffw^'avif''^ 
 
 •'J ' W. ' .''-rV" '!y' .- ' ^- ' ^ 
 
 52 
 
 FORMS. 
 
 of where she safely arrived in the beginning of the month of 
 
 following and there discharged her cargo ; and the said not 
 
 having been, during any part of the ."aid voyage, permitted (although 
 perfectly willing) to do any duty in his power, but constantly threatened 
 with personal violence by the paid during the whole of that period, 
 
 was, on the day of the said month of duly discharged 
 
 from the service of the said ship. That the said ship by her aforesaid 
 voyage earned very considerable freight. That during all the time he 
 the ^aid was in the service oi the said ship or vessel when per- 
 
 mitted by the said he did well and truly perform his duty as a 
 
 seaman on board the said ship or vessel, and was always obedient to all 
 the lawful commands of the .said the master, and others bis 
 
 superior officers, and well deserved the wages schedulate, and so much 
 or greater wages were then given to persons serving in the like capacity, 
 on board ships of the like burtlien and on iil<e voyages. That the said 
 has made various applications to the said the 
 
 master and 0V7ner of the paid ship, for the payment and satisfaction 
 of the balance of wages due to him for his services on board the said ship, 
 without being able to obtain the same. Aud so much the paid 
 the master and owner of the said ship, doth know, and in his conscience 
 believes to be true ; and the party proponent doth allege and propound of 
 any other time, place, person or thing, sum or sums of money, as shall 
 appear from the pioofs to be made in this cause, and every thing herein 
 contained jointly aud severally. 
 
 That the said ship or vessel on or about the day of 
 
 arrived at the port of within the jurisdiction of his Majesty's 
 
 Vice- Admiralty Court of and that, by reason thereof, all and singu- 
 
 lar the premises have been rightly and duly complained on the part and 
 behalf of the said to the Worshipful the Judge thereof, and to 
 
 the said Court; and the party proponent doth allege and propound as before. 
 
 That all and singular the premises were and are true. 
 
 Schedule to which the aforegoing Summary Petition refers. 
 
 To wages due to as a seaman on board the ship ^ 
 
 from to being months > 
 
 and days, at the rate of per month ) 
 
 By cash received £ ) 
 
 Hospital dues 5 
 
 Balance £ 
 
 No. 14 [73]. 
 FORM of LIBEL or Summary Petition in a Cause of Pilotage. 
 
 Is the Vice-Admiralty Court of 
 
 [Insert names of Ship and Master "] 
 on the day of in the yeai of our Lord exhibited 
 
 as Proctor tor late pilot on board the said ship or vessel called the 
 
 and made himself a party for him, and under that denomination 
 and by all better and more effectual ways, means and methods, and to all 
 intents and purposes in the law whatsoever that may be most beneficia 
 lor his said party, did by way of summary petition, say, allege, and in 
 law articulately propound as follows, to wit — 
 
 Tliat the said .ship or vessel whereof the said then was 
 
 master, being on her voyage fram with a cargo of divers merchan- 
 
 dize on board to the port of where her .said voyage was to end and 
 
 be complete, he the said did by himself or agent, to wit, on or 
 
 about the day of engage and hire the said to pilot the 
 
 «w, 
 
 
 ^ 
 
 
 -4. 
 
 r 
 
I 
 
 L 
 
 hi. 
 
 0- 
 
 ■¥^ 
 
 >w,- 
 
 f. 
 
 A' 
 
 FORMS 
 
 53 
 
 said sliip or vessel from to and did engage and nfitree to 
 
 pay to him wages for the same at and after the rate of That the said 
 
 did accordingly on or about the said day of go on 
 
 board and enter intoihe service of the said ship in the capacity of pilot, 
 and for the purpose of piloting the said ship safely up to aforesaid ; 
 
 and on the said ship's arrival at ho the said did further 
 
 engage and hire the said to pilot the said ship from thence to 
 
 where she arrived on or about the day of the same month, 
 
 and was there safely moored, whereby the said voyage and agreement 
 were fully completed and ended ; and the party proponent doth further 
 allege and propound that soon after the said ship's arrival at her moor- 
 ings at as aforesaid, the said gave to him the said 
 a draft or order on of for the payment to him of the sum 
 of the amount of his aforesaid wage<< or pilotage; and the party 
 proponent doth further allecre and propound, that tlio said was 
 and is a skilful pilot, and at and during all the timo he was as aforesaid on 
 board and in the service of the H:iid ship, he did well and truly perform 
 his duty as a pilot to the best oi his skill and ability, and well and truly 
 deserved the wages or pilotage for which he was engaged and hired as 
 aforesaid, and so mueli or ^jreater wages or pilotage were then given to 
 pilots for piloting ships of tho like burthen from to and 
 the said hath (recj[iiently applied to the said for 
 the payment of his said wages and of the said draft or order, but that 
 the same hath always been refused him, and that the said sum of 
 still remains justly due and owing to iiim for such his 
 aforesaid service on board the said ship. And this was and is true, public 
 and n')torious. and so much the said doth know, and in his con- 
 science believf*s to be true ; and the party proponent doth allege and 
 propound of any other time, place, person or tliinir, sum or sums of 
 money, as shall appear from the proofs to be made in this cause, and 
 every thing in this and the subsequent articles ol this summary petition 
 contained JDJntly and severally. 
 
 That in supply nfnroofol part of the premises mentioned and set forth 
 in the nest preceding article, the party proponent doth exhibit and hereto 
 annex, and prays to be hero read and inserted and taken as part and parcel 
 hereof, a certain paper writing marked with the letter A, and doth allege 
 and propound the same to be and contain the original draft or order 
 drawn by the said the master of the said ship on the said 
 
 lor the payment of the said sum of to him the said for 
 
 pilotinsr the said ship as mentioned in the said preceding article. That 
 ail things were so had and done as therein contained, and that 
 and and the ship therein mentioned, and the 
 
 master of the said ship party in this cause, and several 
 
 times herein bofure mentioned, and the ship proeeeded against in 
 
 this cause, were and are tlie same persons and ships and not divers ; and 
 further thot the whole t)ody, series, and contents of the said paper-writing 
 or exhibit, and the name thereto set and subscribed, were and are 
 
 all of tlie prop<n' hand writing and subscription of the said the 
 
 master and not divers. And this was and is true, publicand notorious, 
 and the party proponent dotli allege and propound as before. 
 
 That the said ship or vessel the on or about the day of 
 
 arrived at the port of within the jurisdiction oi His 
 
 AJajesty's Vice Admiralty Court of ' ard that by reason thereof all 
 
 and singular tho Dremisis have been rightly and duly complained on the 
 part and hehall of the sfiid to the Worshipful the Judge 
 
 thereof, and to the said Court, and the party proponent doth allege and 
 propound as before 
 
 That all and singular tlie premises were and are true. 
 
54 
 
 FORMS. 
 
 No. 16 [74]. 
 
 FORM of LIBEL in a Causr of Damage by Collision. 
 
 In the Vice-Admiralty Court of 
 
 [Insert names of Ship and Masf-r, and date.'] 
 before you the VVorshipiul Judge anci Uoininissary of His Majesty's 
 
 Vice- Admiralty Court of liiwtully constituted and appointed the 
 
 Proctor of the sole owner of the late schooner or vessel called the 
 
 (whereof wp.s late njaster), against the said ship or 
 
 vessel called the (whereof now is or lately was master), 
 
 her tackle, apparel, furniture, and freight, an J also against all persons 
 having or pretending to have any right, title, or interest therein, or any 
 other person or persons lawfully intervening herein on tbc'r behalf, doth 
 by way of complaint, and hereby complaining unto you, say, allege, and 
 in law articulately propound as follows, to wit- 
 That on the day of the said schooner or ves-iel 
 (whereof the said was master) sailed from with a cargo of 
 
 bound for That the said schooner was of the burthen, by 
 
 admeasurement, of tons, or thereabouts, and was navigated by a crew 
 consistingof the said the master, and other persons. 
 
 That the said schooner at the time she so sailed from was tight, 
 
 stanch, and in good condition That o". the morning of the next day the 
 
 day of the said schooner arrived off That the 
 
 wind was then blowing hard Irom the and in fionsequence thereof 
 
 the said schooner together with about twenty sail of other vessels, one of 
 which was the brig or vessel of (whereof was 
 
 master), being tje vessel proceoded against in this cause, were during 
 the said day occasionally reachins; and lying to under the north side of 
 the for shelter. That aoout o'clock in the evening of the 
 
 said day the mate, whose watch it then was, and a seaman, 
 
 wore the said schooner and laid her to with her head to the southward, 
 under the tore-staysail, foresail, fore topsail, and mainsail ; that the fore- 
 topsail was lull, and the foresail hauled clone to windward with the 
 bow-line made fast to the foremast shroud, and the topsail w is aback, 
 acd the mainsail scandalized with the helm in the lee becket. That in 
 about a quarter of an hour after the said schooner had been so laid to, 
 the said perceived a brig to windward upon the said schooner's 
 
 starboard bow, which he afterwards found was the said brig 
 proceeded against in this cause. That the evening was rather dark, but 
 not at all hazy, and vessels at the distance of about a mile from each 
 other could at such time be very well discerned. That the land and the 
 said brig were discerned from the deck ol the said schooner. That when 
 the said brig was so first seen by the said the mate, she appeared to 
 
 be standing towards the land, on the larboard tack ; but she soon after- 
 wards altered her course, and came towards the said schooner. That the 
 said the mate, having noticed the same, observed to the said 
 
 " What is this brig about?" Upon which the said came to the 
 
 said who was standing upon the starboard side of the main-deck, 
 
 just before the main rigging ; and the said then said to him, " It 
 
 looks as if she was coming on board of us." That at this time the said 
 brig had wore round, and had got the wind aft, and was coming towards 
 the said schooner, when her larboard mainbrav-es and starboard fore- 
 braces checked, and all her sails full. That as she neared the said 
 schooner, and got before the wind, the braces appeared to be gradually 
 drawn in. That as the said brig continued to get nearer to the said 
 schooner, the said when she cnme within hail, called to the 
 
 persons on board, "Erig, ahoy!" and then added, ' Whatdo you mean 
 
 1^ 
 
FORNS. 
 
 55 
 
 4 
 
 to do?— do you intenil ti) come on boar.i of us?" And he then called out 
 to tliero, " Put your helm di)wn, put your helm astarbo;ird,"or expressed 
 himseir to timt very effect That no answer was mmio by either of the 
 persons on Itoarl tlie said bri<;. and the said the matp, percoivinj? 
 
 that i-ho would inevitably strike the sehooner, ran to the helm, and took 
 it out ol'the beeket, and then ran forward ; Just at which time the said 
 brig struck the said schooner. That the peak of the mainsail of tiicsaid 
 brig was then up. and her fore- topmnst staysail set, with I ho sheet hauled in 
 to leeward, and her bowsprit carried away the three starboard foromiist 
 shrouds of the said scho)r.er, and went abafc the foremast but the alter- 
 mastshioud field That the said brig was, at the time of the said nt-ci- 
 denr, to windward of the said schooner, and the said collsion occuried 
 solely through the inattention or want of skill of the pcisons on board 
 the said brig, and not by or through the inattention or want of skill ot 
 the persons on board the said .sol ooner. And this was and is true, puldic 
 and nof.orious ; and the party proponent doth allege and propound oi any 
 other time or place, person or thing, as shall appear fiom the proofs to 
 be made in this cause, and every thing in this and the subsequent artii-lts 
 of this lil)el contained jointly and severally. 
 
 That notwithstanding the crews of the said vessels used their utmost ex- 
 ertions to separate them, they were unable to do so ; and the .naid 
 expressed great apprehension tliat buth vessels, in consequence thereof, 
 might be lost, and requested the sai<l the master of the said schoon- 
 
 er, as a means of effectuating tlieir separation, to cut the lanyard of the 
 only remaining shroud of the starboard fore rigging of the said schooner ; 
 but the said apprehending that, were the same done, the mast would 
 
 go by the board, stated such to he his opinion to the said That 
 
 the said notwithstanding, continued to be very urgent to have 
 
 the said lanyard cut, and a.ssured the said that the mast would 
 
 stand, and that it would be the means of ensuring the safety of both 
 ve.sseli. That at length the .said yielded to the representations 
 
 of the said and consented to the siiid lanyard being cut ; and the 
 
 same having been done by the carpenter belonging to the said schooner, the 
 mast to which it was attached, owing to the motion of the vessel, almost 
 immediately gave way t)y the sparings of the deck,and fell over to leeward, 
 and hung by the stays over the larboard side. That before the said 
 vessels could be .separated, the bowsprit oi the said brig stove the schoon- 
 er's boat. That by the aforesaid collision of the .said vessels, the bow of 
 the .schooner was stove in, and the covering- boards split and started ; 
 and the upper part of the paint-streak, as far as the mii'ships, also split; 
 and the bulwark and staunchions were carried away as far as thu main- 
 rigging: and she was otherwise considerably injured And this was and 
 is true, public and notorious, and the party proponent doth allege and 
 propound as before. 
 
 That when the said veg.sels at length were separated, all the crew of 
 the .«aid schooner were on board the said brig. That the brig's boat was 
 thereupon hoisted out, and they returned on board the said schooner ; 
 and on sounding the pumps, found she was making water; and they 
 thereupon nailed all the spare tarpauling they had over such parts of the 
 covering-board and paint streak as were most damaged. That the .said 
 upon the schooner's mast falling, promised to stay by her, and 
 tow her into the port of and the said lielieving that he 
 
 would .so do immediately on getting hgain on hoard the said schooner, 
 cauwd the t(»w-line and warp to 1) • got on deck, and the lines to be put 
 into the said bria's boat, and sent the .same, and all his people therewith, 
 back again to the said brig : hut the said then declined to take 
 
 the schooner in tow, alleging that they were too far off the land, and that 
 he was afraid they could not fetch it. That the crew of the said schooner 
 
66 
 
 FORMS. 
 
 I 
 
 then went directly to a cod smnck.calle'' tl.u of (whereof 
 
 WHS ma-ter), wliicli had perceived them in distress, und was 
 lying to, nnd t^ot the siniick's lines into tlic bout ; ntid the mute and two 
 'if the smiick's crew pulled om himrd the sehooncr with one end of tho 
 line, and made it. last to tlie tiw-line ; ami the poofil-' on lunf ! the said 
 smack attempted to haul liit- md of t!n' tow line on Ixmnl, \or the purpose 
 of taking the schooner in tow ; but tin! smack missed >tii.vs three times, 
 in consequence of the sea htini; so licnvy. and broke tie lines, and alter 
 making several Iruitless attempts to take the schooner in tow, the master 
 ol tiie snid smack said it i^'as oi no nse.f.'Ven il they t'len hsid her in tow ; 
 they had drilled so liir from the land, :ind the ^aie lum increnscd so much, 
 that he tlionjiht they could noi tow her, hut would have to cut her 
 adrift. 1'hnt the pump was a^'ain s( tu/ded. .ind t!(iwar<ts (d two feet of 
 water was lound to he in thv' (i(dd, and the sea was then making a Ireo 
 passnge over the sehootuT. snid she was then mnkin;.' a ;;veat deal of 
 water, and (iiiite uniiianageahle in consequence oi the loss of tlioforo- 
 mast; whereupdii. between eleven nnd twcjvf^ o'clock, all ''niids lo't the 
 said schdoner, and pot on binnj the . '■aid stunt i< t(> save their lives, and soon 
 niter the said schooner sntk, nnd was to'ally lost, and ihc next day the 
 master and <;rew were hmded at And this was nnd is true, pnblie 
 
 and notorious. an<t the party prnj-.onent doth allejic and projiund as before. 
 
 Thiit the said schonner at the tinie she was struck and damaged 
 
 as aforesaid, was, save as to th.e injuiy she then sustained, ol the value of 
 
 or theiealHiuts. at. the least. 'I'hnt she wax l)uilt in the year 
 at and the cargo she had on board, at the time she was so injured, 
 
 consisted of which wns. at such time, of the viilue of or 
 
 thereabouts, nt the least ; and that the Ireiiilit which she would have 
 earned thereon, had she completed her intcnrici voyaire. would have 
 amounted to or thevfalioois. And this was at, d is true, public 
 
 and notorious, nnd the party pojionent doth allege atid projiound as before. 
 
 That the ship or vessel having arrived at the port 
 
 within thejurisdiction ol tlii.s Court, all nnd sinirular the premises have 
 been rightly and duly complained on the part and behalf ol the said 
 
 to you, the Worshipful the .fudge alure^aid, and to this 
 
 Court ; and the party proponent doth alle^'e and propound as before. 
 
 That all nnd singular the piemiscs wre and are true. 
 
 [7'o l>( si<jned by Counsel.'] 
 
 No. 17 [75], 
 FORM of LIBEL in a Cause of Damaf/e by Dcntiny. 
 In the Vice- Admiralty Court of 
 
 IJnsert names of Ship and Master, and date.'] 
 before you the \Vorsliiplul .iudge i'.nd Commissary of His JIaJesty's 
 
 Vice Admiralty Court of lawfully constituted and appoint'ed the 
 
 Proctor of late a mariner on hoard the ship or vessel called the 
 
 (whereof now is or lately wa.s master) , against the said 
 
 and against all and every other prsoo or iiei>ons whomsoever, 
 lawfully intervening for him in judgment b(^t;>ve you by way of com- 
 plaint ; and hereby complaining unto you in this beliaif, doth say, allege, 
 and in law articulately propound as h)ilovvs. to wit — 
 
 That in the month of in the year o! our Lord the said 
 
 ship or vessel (whereof the .-naid was then master), being 
 
 in the port of ami bound on a voyage to tl e said " i^'"i, 
 
 fly himself or ngent, ship and hire the said to serve a.s " :,iariner 
 
 [or as the furl may be] on board the said ship for and during the said voy- 
 age; and the said ship having taken on board her complement of 
 
\ 
 
 FORMS. 
 
 57 
 
 I 
 
 officers nnfJ men, diil. on or about the duy ol' tlie siiiJ month of 
 
 priioocd thnrein, witli the said on bonifl. and having b«cn to 
 
 returned to the alorcsaid port ol with a lull ship, in tlic month 
 
 ol lust. And this ',vns and is true, puhlio and notorious ; and 
 
 HO much the Slid doth know, in his conHuienee liolicves, and 
 
 hath ciinCesso I to he true ; and fho party proponent doth allego and pro- 
 pound (d any other time or place, person or thinn;. ;>s simll appear Irora 
 the proof.- t<) lie iniido in tliii eaii,«e, and every thin^r in this and the sub- 
 sequent articles of this lihd ciiitained jointly and scverojly. 
 
 I'hiit durln<: the whole time tlio said continued on hoard the 
 
 t.aid ship or V('s>cl he did well iiiui truly perform his duty on board her, 
 was obedient to all the iiiwlii! coiiuiiiinds ol the said the master, 
 
 and the other olGocrs on board the said ship; and this was and is true, 
 public and notorious, and the party proponent doth allege and propound 
 as before. 
 
 That durioir the time of tho said voyage, and while the said ship or 
 vessel was lyingolF and within tho jurisdiction of this Court, (to 
 
 wit,) on the duy of in the said year whilst tho 
 
 8aid was in the fore hold handing up l)illet wood, the 
 
 officer on hoard the said ship or ves«pl eharjied him with not working so 
 well as he could, nor so fast as another manner \_or as the fads may be] 
 ol the name of 'I'luit the said replied, " that the said 
 
 worked too fast to h-st long ;" o'* he the said made use ol words 
 
 to that or tiie like ciTcet, when the said immediately made com- 
 
 plaint to the cliief officer, that he the said had been very 
 
 importii'crt to him ; whereupon, and foi no other cause whatever, tliesaid 
 tin n ordered him to be taken from his duty, and placed below in 
 irons, "^heve iie coutinucd till the day of tho said month of 
 
 lollowiofT. Thfit upon the said the master, cominjfon board tho 
 
 said Vf.ssel, (from whicl) he had been ab«;ent the whole of the bolorc- 
 mentioned period,) lie, immcdiat"iy upon the complaint being made by the 
 said and without liearing the said in his defence, ordered 
 
 him to the ffani;way, and caused him to be flogged with lashes ; end 
 
 although tliesaid most humbly and repeatedly urged tho said 
 
 the master, for some water, to allay tho thirst and fever that 
 he then suflVred from the punislitnent aforesaid and previous imprison- 
 ment, the said absolutely refused to let tho master-at-arms give 
 him any water. That the said then fainted, and was much 
 exhausted by tlie said Uogiring or punishment so inflicted. That the said 
 would not permit the surgeon to give tho said any 
 ointment or lotion to apply to his back, but ordered him, in his fainting 
 and exhausted state, to return to his duty That the said in 
 con^cquenre of the floi^ging aforesaid, sulTercd extreme pain, and was 
 greatly injured tlierehy. And this was and is true, public and notorious, 
 and the party proponent doth allege and propound as before 
 
 Tliat the said by reason of the si id cruelty and viulent assault 
 
 which he sull'ered by the ace of the said the master, as herein- 
 
 belore pleaded and set forth, hatli sustained a damau'e to tho amount of 
 
 of lawful money of And 'this was and is true, public 
 
 and notorious, and the party proponent doth allege and propound as 
 before. 
 That the said at the time he ay flogged and ill treated the said 
 
 as set forth in the third article of this libel, was eomtuander of 
 the said ship or vessel called tho and that the said cruelty and 
 
 ill-treatment were inflicted in the said ship ofl" and within the 
 
 jurisdiction of this Court; and that, by reason of tlie premi.«es, it hath 
 been and ia rightly and duty complained on the part and behalf of the 
 said to you the VVorshipful the Judge aforesaid, and to this 
 
i\ 
 
 i 
 
 58 
 
 FORMS. 
 
 Court ; and the party proponent doth allege und propound as before. 
 That al! and singular the premiHos wore and are true. 
 
 ['I'o be ni(jn((l by Counsel.] 
 
 No. 18 [82J 
 
 FORM of PEli&OXA L ANSWERS of a Party to a Summary Petition 
 or Libel (jiven on behalf of a Mariner in a Cause of Subtraction of 
 Wa(/es. 
 
 In the Vice- Admiralty Court ol 
 
 [Jnscrt names (>/' ^/tip and Master. 
 The personal answers of late innster ol" the said ship or vessel 
 
 party in this cause to all and every the positions or articles of a certain 
 libel or summary petition bearinjt date on the day of 
 
 and the cxiiibit marked A, thereto annexed, and therein pleaded and re- 
 ferred to, ^ivcn in and admitted in tliiii causj by or on the piutand behalf 
 of the other party in this cause, made and given in by virtue of 
 
 the corporal oath of the said follow, to wit — 
 
 To the first position or article of the said libel or summary petition the 
 respondent saith, he admits that on or about the day of the said 
 
 ship or vessel being then in the port of and designed on 
 
 a voyage from thence to and biick,tho respondent did ship and 
 
 hire the said to serve as a seaman on board the said ship or 
 
 vessel during her then intended voyage, and did agree to f»ay him wages 
 at and alter the rate of per month, and that he the said 
 
 went on board and entered into the service of the said ship or vessel ac- 
 cordingly, and signed the usual ship's articles or mariner's contract for 
 the performance of such vo.yige. and he also admits that a general cargo 
 having been taken on board the said ship, she on or about the 
 day of sailed with the same, and the said on board, to 
 
 where she arrived on or about the day of 
 
 following, and discharged her said cargo, and then took on board another 
 general cargo tor the port of where siic arrived and made freight 
 
 as articuhi te, but he denies that whilst lying at to wit, on tlie 
 
 day of as articulate, the said quitted the 
 
 said ship for the purpose of entering into the service of his Mnjesty, on 
 board his Majesty's ship or that he so did on that day, for the 
 
 respondent positively saith that the said continued on board and 
 
 in the service of the said ship until about ten o'clock in the 
 
 morning of the day of when in company with 
 
 another of the seamen belonging to the said ship or vessel, ho the said 
 
 deserted from the service of the said ship for the purpose, as he 
 verily believes, of entering into the dervice of tho Brazilian navy ; and the 
 respondent further answering saith, ho admits that the said ship pro- 
 ceeded on her return voyage to where she salely arrived in or 
 about the month of . following a« articulate, but the respoudent 
 denies that during all the time the said was in the service of 
 the said ship, he did well and truly perform his duty aw a seaman, and 
 was obedient to all the lawful commands of the respondent aiid others his 
 superior officers, and deserved the wages schedulale, for on the contrary 
 the respondent saith that the said on various occasions refused 
 to perform his duty, and absented himself without leave, but more parti- 
 cularly that on the day ol the said ship having com- 
 pleted the lading of her return oargo, and being ready (or sea, all hands 
 were turned out to clear the hawse and unmoor the ship, when the said 
 positively refused to assist in so doing ; that on the following 
 
 , 
 
FOUMS. 
 
 59 
 
 inorniug tlie day oi tlio si\iJ month, all hands wore again turned 
 
 out to iinuioor tlie sliip Im- sea, wi.en the said n .<' othcis also 
 
 again refused to do, and likewiso tlmt on the next followin. morning at 
 about o'clock all hands wcru aaa>n turned out to cljar the hnwHe 
 
 and unmoor the ship, wlu:n tho starbmrd anchor having been weighed, 
 and the other anchor having been got a-peak, the said and also 
 
 relu.sed to weigh Hio Hunie, whereby tho said ship was plaeod 
 and left in n wtate of great danger, in consequence whercol the respondent 
 immediately wont on whore lor assistance ; that during such the rcspcjnd- 
 ent's absence the said and also the said quitte J and 
 
 finally deseitud the service of the said ship as al resaid ; and the respond- 
 ent further saith, that in consoquence ol the refusal of the said 
 and the other seamen as niorc-aid to weigh the anchors and proceed to sea 
 until tlic respondent was cniiljlcd to procure other seamen in their stead, 
 the said ship with a valuable cargo on board was detained at a consider- 
 able expense and in a dangerous situation, and did not sail from 
 till the day of and f archer or otherwise ho denies and 
 
 disbelieves the said article to be true, .-iave tluit he knuw* not to answer 
 at wliat time the said was discharged Iroin the service of His 
 
 Alujesty's said ship and also save tliat ho has refused and d )th 
 
 refuse to pay the said the wages articulate, by reason of his 
 
 disobedience of lawful commands and desertion aforesaid. 
 
 To the second position or articio of the said libel or summary petition, 
 this respondent answers and says, ho denies the said exhibit to be true, so 
 far as the same states that tlie s lid entered on board his Mnjcsty's 
 
 said ship on the day of by reason that of hia 
 
 own knowledge the said did nut quit the respondent's said ship 
 
 until tho day of as by him liefore answared ; and further 
 
 or otherwise this respondent knows not of his own knowledge to answer, 
 but has no reason to disbelieve, and therefore admits the same to ho true. 
 
 To the third position or article of the said libel or summary petition the 
 respondent answering saith, he admits and believes what he has admitted 
 and believed, and denies and disbelieves what he hath denied and disbe- 
 lieved. 
 On the day of repeated^ (Signed) 
 
 and acknowledged before > 
 
 Judge, (or Surrogate,) in his chaml)ers. ) 
 In the presence of 
 
 (Signed) Eeyistrar. 
 
 < 
 
 No. 19I83J. 
 
 bORMql PERSOISAL AISSWERS of a Party to a Responsive Plea 
 
 (jivcnon the part of a Mariner in a Cause of Subtraction of Wayes. 
 
 In tho Vice- Admiralty Court of 
 
 [Insert names of Ship and Master.'] 
 The persona' answers of party in this cause, to all and every the 
 
 positions or articles of a certain allegation bearini; date the day 
 
 of given in and admitted in this cause by or on the part and 
 
 behalf of the other party therein made and given in by virtue 
 
 of the corporal oath of the said follow, to wit — 
 
 To the fir^t position or article of the said allegation this respondent 
 answering saith, he admit" that in the second position or article of the 
 allegation,'given in and admitted in this cause on his part and behalf, it 
 is amongst other things alleged and pleaded in the words and to the effect 
 recited in the t^aid article; and further answering the respondent saith, 
 he denies and disbelieves that at the time the said 
 
60 
 
 F.->RMS. 
 
 i ff 
 
 ftnd tlit^ rest of his 'ilprnntcs sigiuil nrticlcH at 'or 
 
 the pfrfonnanco ol'tho vojiigo in question, the rate of vvajroa th';n UHuully 
 given 10 iimriiier.s in tho port of lor Huoh voyages wna 
 
 poundH and shillinji.s per nnintii, and this 
 
 vospandcnt admits that ho did nllor and endeavour to pcrsuiido tlif saiil 
 and otiiers of tlio crow ol tlio said sliip to take pounds 
 
 and shillin^'H per iiiontli, whioii lio conHiderod to bo the usual and 
 
 Ihir rate of wa;io.s, hut that they refus(>d to tako tho rmmo, and tho ro- 
 Hpondent, rather than delay tlio sailinir ol liis »liip, tlien fully loailcd, 
 until he ohtained mariners ut a lower rate of vvajfos, which ho had no 
 doubt he tuld have don'>, was induced t) comply with their demands; 
 and altlioui^h the rospundont did tiion, as ho d >es now, consider that iho 
 said and tho others ol the crow wiio acted with him tluicio took 
 
 r,dvanta;i;n of his situation to extort a higher rale ol' wanes than was 
 usually given ut tho time, ho denies that ho was much irritated auainst 
 the said or that he did either alone or in c )ujunotion with 
 
 the chief mate, take (!very or any opportunity durinjr the voyage to make 
 thcsaid uneomlortable, nor did he on lliomost frivolousor on any 
 
 occasions, and without any just cause, swear at and ahnso him ; and 
 lurtiier answering the resi)ondent saith, ho denies that on tho ooeisionof 
 the said tihij) coming to nu anchor in the on or altout the 
 
 of the said upon being f lund fault with and reproved 
 
 by tho respondent, did not conduct and hehav»i himsell in a most ins dent 
 manner towards the respondent, or that ho did say "' ho would be damned 
 if ho would <lo any duty that ho did not think proper or approve ot," and 
 that ho would not bo controlled by tho captain in what he shouhl do, " as 
 ho was not on board a damned man ot war ;" and ho saith that such tho 
 conduct and behaviour of tho said did tend to prodoo* dis irder, 
 
 insubordination, and mutiny amongst tho rest of tho crew, and the re- 
 spondent denies that on the said occasion there were so many of tho crew 
 employed as to ho in each other's way, and that tho s lid in 
 
 consequence thereul quitted the cahlo and went to [)ut the pot on the lire 
 for making breakfast, or that be, this respondent, putting iiimself into a 
 passion, asked the said what business he had to leave the cable, 
 
 or that he tlie said exi)ressed him'-elf as articulate in answer to 
 
 such qucstioi^ and he denies thiU he the respondent used tlio expression 
 articulate or any opprobrious epithets to tiiat or like efl'oet toward-i 
 the said and further or otherwise the respondent denies and 
 
 disbelieves the said position or article to be true. 
 
 To the second position or article of tho said allegation this respoolent 
 answering saith, he aduuts and confesses that in tlio third article of the 
 said allegition given in ind admitted in this cause on liis belialf, it is 
 alleged Lnd pleaded in the words or to Uio eflect recited ; and further 
 answering the respondent saith, he admits that it is eust()mary when at 
 sea to serve out to every mariner a certain quantity of r)eas and Qiiur, 
 together with salt provisions, but the respondent disbelieves that upon 
 various occasions during tho said voyago tho steward only served out to 
 the said and two or three others of his siiipmates salt beef and 
 
 biscuit whilst the rest of the crew had the usunl allowance of peas and 
 flour, and lie expressly denies that he ever gave tho steward any >rder to 
 do so, and he disbelieves that the said steward over stated that ho had 
 received sucli orders Irom him ; and this rcspiindent admits Lliat tlicsaid 
 did on one occasion, being the occasion mentioned in the said 
 recited thJrd article ;d" tiic said allegation, given in and admitted on behalf 
 of this respondent, bring a piece of beef to him, but he deni<;s that the 
 said humbly complained ot the deprivation ho sull'ered or 
 
 requested the respondent to authorize tho steward to give to liim the 
 customary allowance ; and this respondent further answering saith, that 
 
FOllMS. 
 
 61 
 
 lio denies timton sucli occasion lio (low iata u viitlcnt puMnion, nul Kwore 
 nt nnci nhuHoU tlio Hniil ns iirtiouliitu, nltho ^!i ho did reprove 
 
 IiiDi lur iiiH improper boliiwiour at tiiu time, iiiul liu deiiicH tliiit tiie siiid 
 did ttiereiipnii, without nmkitiic any reply, louvo tho said 
 or that ho did not Hwear nt the res^pondent and conduct hiinHoIf 
 in a iiioHt insuhoi'dinHtc iniiiiner as plcuded in the second recited nrhclu, 
 or that ho hciiHTed hiiui^elt in an orderly and obedient ninnncr to this 
 respondent ; and (iirthor or otiierwiso tliiH renpuDdcnt denies and dinbo- 
 lievcH the said position or article to be true. 
 
 To tbo third position or aiticlo of tho Hniil allocation this rcHpondfiit 
 answdriiin walth, lio admits and conl'i'SMos timl in tiio fourth arlielo of 
 tho Hiiid allepialioii, Rivon in and adinittod in lliis canto <)?i liis Ixduiif, 
 it is «H(»n('d and pleaded in tho words or to tho offocit in tho said pnsi. 
 tlon or artiolo rocittsd ; and liirtlipr ansivorloK. tho rospondnnt donios 
 tbi»t llin said was In his proper station forward on Iho nci'Msi<iii 
 
 articulaif, for, on lit • llm contrary, lio absoiiiod liiniscU Ironi bis duty 
 and wai by tho cook's ;;ii! ley, and I'/ioairiod liioro until ordorod to do 
 bis duty by tbo roajjonclout, and tbit at such tiuio tho sfpnill was most 
 Hevoro, and tho services of tliu wholoitrow wcro then rccpiisito to ^ot 
 in tho s;dls, and thoruhy prcvont tho ship from npsetlimr, and iho 
 rospondont oxpressly donles tiiat tho said (piittod his station 
 
 in order to (,'o alt t > assist in bauliiiu down tho trysail, and that ui)oii 
 cominjjj alt tho respondent immediafoly said, " You damned rascal, 
 you have been skulkinu' in tht' galley," and that upon tho said 
 dnnyiiiK tho samo and boinj; corroborated tborein by ono of 
 
 his sbipniates, ho the respoiulent contliiupd to abns(» tho said 
 and called him a damned lyinj-; rascal, aiul shaking his list at him 
 said, " Wait till 1 f?ot you under tho clifls at and I'll work you 
 
 up for this." Tho ropsondent denies that the articnlato conversation 
 or anything to that or the like efleol took place betwoon him and tlio 
 said ' and ho saith that the said »ipon tho ociiasion 
 
 articnlato did not perform his duty as a good seaman on bard tho said 
 ship, and denies tb it he tho said was obedient to tho lawful 
 
 eonunand of, or that ho did not behavo in an insolent and insubordi- 
 nat(i manner t" the respondent, for he saith that bo tho said 
 did refuse and nef;lcct to do his duty in reeling tho topsails, and that 
 great (confusion was oeoasioned by tho saitl on board thosaid 
 
 ship, which was much endangered by his conduct; and further and 
 otherwise the respondent denies the said position or article to be true. 
 
 To the fourth positiov. or article of llio said allegation tlii.s respond- 
 ent answering saith, ho admits and confesses that in the fifth position 
 or article of the aforesaid allegation on behalf of the rospondnnt, it is 
 alleged and pleaded in tho words or to tho etfcct in this article rooited : . 
 and further answering this respondent saith, hedisbeiioves and denies 
 that after having lande(i and rolled all tho empty casks to tho ware- 
 house, and whilst waiting for more easlis to arrive from the ship, the 
 said Ijeing very thirsty, mi rely went to a water-pipe a few 
 
 liundred yards off to obtain a draught of water, and that having 
 obtained the samo he instantly returned to his shipmates. Tho re- 
 spondent >aitb the conduct of iho said on tho ooirasion articulate 
 <lid not happen under bis own personal oltsorvation, but from the 
 report thereof made to him iinmediatoly afterwards, and which he 
 has reason to believe, and does believe, was true, thosaid 
 was absent without leave on the said occasion whilst bis shipmates 
 were at work, and that on being reprimanded lor such conduct by the 
 second mate, and required to return on board too ship, he refused to 
 do so, and bohavod in a very insolent manner to him in tho presence 
 of his said shipi:.ates. The respondent knows not otherwise what ex- 
 cuse tho said oftered for bis absence on the said occasion, nor 
 in what particular words tbesecond mate reproved bin ; and save that 
 the said afterwards returned on board the ship, he further or 
 otherwise denies and disbelieves the said position or article to be true. 
 
R 
 
 62 
 
 FORMS. 
 
 To tlip tillli position or aiticln of the saic? allofi;ation I' a respondent 
 answurinj^ saitli, ho admits and i-onfosscs tin'.t in the sixtii artielo of 
 tlie atbrpsnid alletraiion on liis behalf, it \^ alh';?nd ami ploaded in the 
 words or to tiio oH'oot in Iho said position or article rfcited ; and 
 further answeriiifj; llie respondent said, iie denies and disbelieves that 
 the said did not u'csert from the siiid ship, and that lie was 
 
 about to return to the uhip on the day of artieulate at noon, 
 
 wlun h« was arrested, for the respondent saw him near about 
 
 miles from tiio ship, in a wronf? direction to be returniufj; to 
 the ship; and tl)fi respondent was informed, and lie liclieves that lie 
 was arrested at where he had been and was then stiiyinjr and, 
 
 on bcinjj; required by the constaldn to aeeonipan y liim to the manis- 
 trato ho refused to do so, and the sriid (ronstanio was ultimately obli;;ed 
 to procure assistance to arrest him ; and lie the respondent saith he did 
 accompany tlie said a part of tlie way to the office of the mapis- 
 
 trate, but he denies on sucli occasion addressiii}; himseif to the said 
 he said, *' Now, you damned rascel, I'll work j'ou up for it;'' 
 and lie also denies that on tlie said boin^ called upon to state 
 
 wh?t lie had to say wiiy he shonln not be committed to priscn, he the 
 said humbly but strenuously subiniitod lliat ho had not been 
 
 guilty of any misconduct amenable io the laws, or that he contended 
 that lie had a right to return on board the said ship, or that he added 
 that on his return to if he had been guilty of any misconduct, 
 
 the respondent had it in his power to make the usual deductions 
 from his wages, on thi contrary saith that the said declared 
 
 in a most insolent manner that ho acknowledged no authority over 
 him in Mie island of and that he would give no answer to the 
 
 question* put to him; and he refused to return on board the said ship, 
 and that'in consequence thereof, and not at the instaiico of the re- 
 spondent, the magistrate committed him to the common gaol in the 
 said island. The respondent further saith he knows not in what 
 manner the said was treated in the said gaol, but denies that 
 
 he caught the fever of the country as artieulate; and further answer- 
 ing the respondent saith, he admits and believes that on or about the 
 
 of following, thesaid and another 
 
 of the mariners of his said ship who had deserted with him, were 
 then again brought before the said magistrate at the instance of the 
 respondent, and he saith they were again required lo return to their 
 duty on board the said ship, but so far from the said claiming 
 
 a right to return on board the ship as articulate, ho on the contrary 
 refused to do so, and was thereupoi;, but not at the instance of the re- 
 spondent, remanded to the said gaol. The respondent denies that on 
 such occasion he shook his fis^ at ;ije said and called him a 
 
 damned rascal, and said that if it was in his power he should never 
 again go on board the slid ship; <i'id further answering the respond- 
 ent saith, be believes the said continued in prison until the 
 day of following, and that he was then taken out 
 and sent on board the said ship: and this respondent further answer- 
 ing saith, that the said may have been visited several times 
 by his shipmates at the said prison, but if wo visited by them, the re- 
 spondent knows noi< what the said may hiive stated to them; 
 and further or otherwise the respondent denies and disbalieves the 
 said position or article to be true. 
 
 To the sixth positi<m or article of the said allegation, this respond- 
 ent answering saith, he admits and coi.ifesses that in the and 
 
 articles of the said allegation on liis behalf, it is alleged and 
 pleaded (amongst other th>ngs) in the words or to the elfeot in this 
 article recited ; and further answering the respondent saith, hedenies 
 that the said whs anxious and willing to return and do his 
 
 duty on board the said ship, and was refused permissic.n to do so, 'out 
 on the contrary he refused to return thereto; and further answering 
 the respondent saith, he denies and disbelieves that the sai'l 
 from and after his having been taken out of prison and put on board 
 
FORMS. 
 
 63 
 
 J 
 
 the sai(l ship, was willing to do -.my duty on board Uii->itH)t', niui 
 so f xpif'SHCii himself; and he also d<M>icH mid disbelieves tliat ho \va»i 
 ]W-ov{!nted iij)on tiie retui'i voyage from doin^ any duty entirely- 
 throu^'h tear of his porsonid safely Ironi this rospoiuront ; but iho ros- 
 jiondout further answoriiiij; sailh, that the said was not 
 
 at an J' lime required or directed by hitn the respondent, or by any other 
 of the ollieers of the ship, »o do any duty on boan! thereof diirins^ liie 
 lion>eward voyage, by reason tlmt they <!onsidered him as not belonj^- 
 in}i thereto ; and further or otherwise' this respoiulent denies the said 
 position or arlielo to be true. 
 
 To the seventli positi<ui or artieleof the said allegation, this repond- 
 ent answering vailh, he admits and eoufes^es what he hath admitted 
 and eonfessed, and denies and disbelieves what he haih denied and 
 di.sbclioved. 
 
 On the day of repealed aiu". ) (Hi^iued) 
 
 ^.acknowledged before JudKe, ^ 
 
 (or Surrogate,) in his ehambery. Present, ) 
 (Si{;ned) Jte<iUlrar. 
 
 No. 20 L84. J 
 
 FORM of PERSONAL AXSWKRSi,/ a J'nrtj/ to a TAhcl in a Cause 
 
 of Jiamof/c It)/ ColJiftion, 
 
 In the Vice-Ad mi rally (Jo'ut of 
 
 [fu.icrt navies of Ship nud Mtister.] 
 The personal answers of ilie master and sole owuor of the 
 
 said brif;; or vessel called iho party in this cause, to all and 
 
 every the positions and artifsles of a certain libel beariuf? date 
 the day of >;iven in and admitted in this cause on 
 
 behalf of and the owners of a certain schooner or 
 
 vessel called the (whereof was master), the other 
 
 parties in this cause, made and yi ven ui by virtue of the corporal oath 
 of the said follow, to wit — 
 
 To tiie first positiim or article of the said libsl the respoudctit an- 
 sweriufj saith, he be.ieves and therefore admits that on the 
 day of last, the said schooner whereof the said 
 
 was master, may have sailed from with a cargo of 
 
 bound as articulate, and 'hat the said schooner was of the burthen by 
 admeasurement of tons or thereabouts, and was navigated by 
 
 a crew consisting of the said the master and other persons, 
 
 but he knoweth not save from the said libel whether at the time she so 
 sailed from she was tight, stanch, and in good condition ; 
 
 and the respondent further answering saith, he believes and admits 
 that on the morning of the next day, the of the said schoonor 
 
 arrived off and the wind was tnon blowing hard, though not 
 
 from soiUh-west or south-west by south as pleaded, bnt from west- 
 south-west, \arying to south-west, [aathe/oetmuy be] and that in con- 
 sequence thereof the said 8(!hoonor, logetlier with about twenty sail of 
 other vessels, one of which was the brig belong'ng to 
 
 and not as pleaded, whereof the respondetit was master, 
 
 being the vessel proceeded against in tliis cause, wore du "ing the said 
 day occasionally reaching and lying to tinder the north side o( 
 for shelter; and the respondent further answering saih, ho disbe- 
 lieves and denies that about five o'clock in the evening of the said 
 day the said schooner was wore and laid to with her h.iad to the 
 southward, but admits she was under the fore-stay, toresail, Ibre-top- 
 sad, and nuiiiisail, and that the fore-staysail was full and tlu m.unsail 
 scandalized, but disbelieves and denies that the foresail was haaled 
 (iloso to windward with the bow-line fastened to the forenaast-shroud 
 and the topsail aback with the heliit in the betiket ; and the respond- 
 ent further answering saith, he disbelieves and tlenies that in about a 
 
64 
 
 FORMS. 
 
 ■i 
 
 I 
 
 m 
 
 qnartcM' ofan luMir al'ior tlin said s(;!iooner liii 1 benii so laid to, a brig 
 was percoivod tc, wiiuJ-.viird upon tlio said saliooiier's starnourd bow, 
 which was al"tor\va"ds found to be tho brifj; procwoded ajiaiust 
 
 in this cause; and lie further answerinp; sailh, he udmiis tliat the 
 eveninu; was rather dark, but not at all h:izy, and that vfsscKs at tlio 
 distance of about a nii!e from o:i;!h olhi^r ini^ht af such a time ha very 
 well discerned, and th:it the land and the said bri'; tni.i'it have been 
 dis'-eincd from the deck of tho said scliooner. bin ho disboiievos and 
 denies that the said brit: was at such Mmo between tho land ami tho 
 said schoon r. and ho also disfielieves ami denies tiiat af the time ar- 
 ticulate tho said brit; was or apf>eare 1 to be standini;- tiwar<ls the l-uid 
 oti the larboard tack, or that she soon afterward-* alic^i'ed lur conrso 
 and came towards ihe said schooner; and the respondent further 
 answering sailh, he kuowoth not, save from the said allegation, whe- 
 ther the conversation too'; place between and us 
 articulate, but ho expressly denies that at fmch limothesaid brig wore 
 round and got the wind aft and came towards the Kchooner with her 
 larboard main-braces and starboard fore-l)races clieeked and all her 
 sails full, or that as slie neared the said schooner and got more before 
 tho wind the braces were gradually drawn in, and he also disbelieves 
 and denies that tho said when he camo within liail, cilled to tho 
 persons on board the said brig in a loud tone of voice," Brig a-hoy," 
 or then added " What do \'ou mean to do— do you intend to conie on 
 board of us?" or Ihat he tlien called out to them, " Tut your helm 
 down, put your helm a-staiboard," ov that he expressed himself to 
 that very effect, but he admits that no answer was ma le to any hail- 
 ing by either of the persons on board the said brig, becjause no such 
 hailing was hoard by them, nor does he bolieve that aiiy such took 
 place ; and the respondent further answering saith, he disbelieves and 
 denies that the said perceiving thiil the said Iirig woidd strike 
 the schooner, ran to the helm and took it out of the (.'"cket and then 
 ran forward, but admits that at the lime wItmi the said vessels came in 
 contact, the peak of the mainsail of tho lirig was up, and her hire- 
 topmast staysail set, with the sheet haule^l in to leeward ; and ho also 
 admits that her bowsprit carried away the three starboard foremast- 
 shrouils of tho said schooner, and went abaft the foiemaat and that 
 the aftermost .«*hroud b(;ld : and the respondent further answering 
 saith, ho denies that tho said brig was to windward of tho said schoon- 
 er, until after the said schooner had struck the said ijrig, and he sailii 
 that during the time the said brig and tho said schooner were en- 
 tangled, the said brig was momentarily to windward of the said 
 schooner, but previously thereto, tho said schooner was to windward 
 of tho said brig, and he denies that the collision in question occurred in 
 any degree through the inattention or want of skill of the persons on 
 board the said brig ; and furtlier or otherwise denies the said position 
 or article to be true. 
 
 To the second position or article of tho said M dl, the respondent 
 answering saith, he admits that notwithstanding the c-ews of the sai(l 
 vessels used their utmost exertions to separate them, they wore un- 
 able to do so for some time, but the respondent denies that he ex- 
 pressed great apprehen-iion that both vessels in oonsiiiuence thereof 
 might be lost, though he admits ho requested the said the 
 
 master of the said schooner, as a means of effecting their separation, 
 to cut tiie lanyard of tho only roinaining siiroud of tho starboard fore- 
 ripging, and the same was at his solicitation accordingly cut, but he 
 denies that the mast to which it was attached almost" iminediatelv 
 gave way by the sparrings of the deck, and fell over to leewanl anil 
 hung by the stays over the larlioard side: and the respondent further 
 answering saith, he admits that the boat of the said schooner was 
 stove by tho bowsprit of the said brig, but he disbelieves and denies 
 that by the aforesaid collision the bow of the said schooner was stove, 
 but he admits that (he bulwark and stanchions on the starboard side 
 were carried awa\', but whether the covering boards were split and 
 
 I 
 
 :T^" 
 
FORMS. 
 
 65 
 
 \// 
 
 € 
 
 started, and the upper part nt' t'-.e paint-strsMk as far a« the mitlsljips 
 were also split, and siio was nth«rwi-ie omisidorablv irijnrorl. the re- 
 spondent is iinHl)'eto answer: and nirihor or otherwise the respoTid- 
 ent denies tlio said po ifion or arti(?lo to ho tri'p. 
 
 To the third position or article of t!ie said lihpl, the respondent 
 answering saith, l)o admits that wluui tlip sai(i vess(>ls wpre, s^par-ted 
 all the erew of tliP said si'hooner woif> on hoard the said hri^r, and that 
 tlie hrig's boat was thereupon hoisted ont and they returned on hoard 
 of their own vessel, hut whethf- on sfMindiiif; the pnmos thoy found 
 she was tiien makinfj; water, (-r that llip said fiew nailed all tlie spare 
 tarpaulinp they had over such parts of tlw eoverin^r hoard and paint- 
 streak a* wore most damnire'l. Him rt-spondpnt knows not, not beins; 
 on hoard the S'lld selioonor : ami the respondent furth.'r atiswcriun 
 saitb, he admits that he promisf'd to siny hy the said scrhoonor ami 
 tow her iiilo Imi ho cxprnv-slv denips that thp crew of 
 
 the said schooner, when they idurii' u to the hriy, hroiiirht any tow- 
 line, «arp, or lines wjih thcui. ihat coold he of any iiso in t wiTi": 
 the said s'-hooner, or tliat hi' iho respondpnt evpr decliiuMl to take 
 the said schooner in tow. but be admits that her crew went to a 
 eod-"mack called the which was lyinj; to, but 
 
 not l)pin<; on hourd the said smack or schooner, nor snlHciently 
 near them to witne'-s tlje transaction which subseciuently took place 
 on board the said two vpssels as set forth in the said third articlp, he 
 cannot of his own knf)wledi'e form any belief or disljclipf respecting 
 the same, nor whether the pump of the said schooner was sounded and 
 upwards of two feet of water was Tound to bo in the hold, or that the 
 sea was then inakinf: a free f assnsie over her, nor whether she was 
 makinj; a >i;reat deal of water and quite unmanageable in consequence 
 of the loss of the foremast, nr'r wJuMlier between eleven and twelve 
 o'clock all hands left the said sf ;,ooM(r and got on board the smack to 
 save themselves, nor whether the saiil schooner soon after sunk and 
 was totally lost, nor wlmtiur llio crew wore the next day'landed at 
 and further or otherwise to the said article this respondent 
 knows not to answer. 
 
 To the fourth position or article of the said libel the respondent 
 answering:; saith, he disbelieves and denies that the said sclooaor at 
 the time she was damajjed as aforesaid, save as to the injury she then 
 sustained, was of i he value of or thereabouts at the least, for the 
 
 respondent saith that at the tin. e she was purchased by her present 
 owners, one of them told hiiu they had so purchased her for 
 and the same [)erson suljsequently ii.f inne>l him that her additional 
 stores had cost them and the respondent further answerinsj 
 
 saith, he knows not, s -vq frori the said libel, whether the said schoon- 
 er was built in the year iit nor whether the cargo she 
 had then en board consisted of thi quantitv of articulate, nor 
 whether thov wi • ■ of the value of or thereal)outs, nor whether 
 the freight whiirh -lie would have earned thereon, had she completed 
 hr)r intended voyaji' would have amounted t"") or tliereabouts ; 
 and further or oiher se to the said position or article this respondent 
 cannot answer. 
 
 To the tilth position ■ article of tlie said libel the respondent an- 
 swering saith, iie adm ^ the collision bfuweeu Ihosaid schO(Mier 
 and brig did occur on the hiy;h aid open sea, and within the 
 
 llux and reflux Hiereof, and he admits and denies not the jurisdiction, 
 of this bonourahio Court. 
 
 On the da3' of repeated atid acknowledged ^ (Signed) 
 before Judge, (or Surrogate,) iu his ^ 
 
 chariihers. Present, J 
 
 (Signed) 
 
 Reffistrar, 
 
 
;j 
 
 «6 
 
 FORMS. 
 
 fe 
 
 No. 21 [Hi,]. 
 
 FORM of PFIiS'ONAL A SSWlCll--^ oj n I'a.hi lo a lie.fjxj.i/suu: Alle- 
 gation in a Otune of Dintujijr liy Jicnting ur Assault. 
 
 In the Vlc( -Admiralty Court of 
 
 [Insert mimes of iShip and Mauler.] 
 The personal answ(»r8 of one of the piirties in (his cause, to all 
 
 *nd every the posiiion** and articles of a trertain allegation, hearing; 
 date the day of uiven in and admitted in this cause on 
 
 the part and l)elialfof tln^ otiicr parly n ll)is<rause, inadeand 
 
 given in bv virtue ol tlie corporal tialli oi ilie said follow, lo 
 
 wit- 
 To the tirst position or article of the said alleviation, this respondent 
 answeriu); oailh. that he denies that he did not, during the wholetinie 
 he continued oti liourd the said ship or vessel (that is to say^ 
 
 from the month of until the month of well and truly 
 
 perforin liis duty on hoard the said sliij) or v< ssel, and that he was n«»t 
 obedient to all tlie lawful coMiniands of ti.e vaid Ihe master, 
 
 and others the officers on board the said ship; and this respondent 
 further answerinar, denies that he fretpiently ne^leeted to perform his 
 duty, particularly during his watch, »<r vvas disol>edien( and refuseil 
 or neglectetl t'> obey the lawfni <•■ niniands of tlie n)H»fer and others 
 the ollicers on board the said ship, or irciit»'d them with i:reat insolence 
 and contempt or was frei^uently r^'primanded for such c >nducl, or 
 that upon an^ occasions he made insolent and irrilatiii;:; replies lo the 
 said an«l others his superior olHoers, or said ho was onlv on 
 
 board a " bloody merchantman," or made use of many oilier expres- 
 sions to that or the like effect ; and this resp.)ndent deides the rest of 
 the said article to be true. 
 
 Tojtheaocond positio?» or artici* of the said allegation this respon<lenr, 
 answeriu_', denies that he on ihe day of haviuir been ordered 
 
 lo assist in handing some billet wood from the fore-hold iulo the deck 
 cf the said ship, was idle and inattetitive in the |)eiforin»nce of such 
 duty, and in receiving; the wood from orje person and handing it to 
 another, and thereby jireally impeded and delayed the porfonnanfie of 
 the said duty ; and thia respondent further answering, denioii that 
 the sixth officer or mate of the said ship, who was superintend- 
 in}' the performance of the said work, several tinnH re'iionstrateii 
 withtiim on bis conduct, and desired him to Ite m ire diligent ; and 
 this respondent denies that he replied with great insolence, or said 
 that lie should take it easy, and that there was plenly of time, he 
 should not hurry himself, or to that eM'eci; on the contrary this re- 
 spondent expressly saith that upon the said occasion of handing up the 
 billet wood the said the sixth otficrer, only once spoke to re- 
 
 spondent, and then charged him with not working so well as iiecould, 
 nor so fast as another seaman of the name of and the only reply 
 
 ihe respondent made was, " that the said worked too faxt to last 
 
 long ;" and this respondent further answering, denies that the man 
 who handed the wood to this respondent several times complained of 
 his indolence, by which he was fretpiently kept with a billet in his 
 band waiting until this respondent, who had delivered the preceding 
 billet, and was standing idle, chose to receive the billet from him ; and 
 this respondent also denies that the said observing sur:i man 
 
 standing idle, ordered the respoiident to take the billet fnnu such 
 man, neither did respondent upon any occasion, when performing 
 such duty, insolently reply to the said •' he w<juld be damned 
 
 if be would," or lo that effect ; neither did respondent make use of 
 violent expressions, or treat the said with great insolence and 
 
 contempt; and thiji respotident further answering saith, he believes 
 that the said niade a faithful repre-eniation of respondent '^ 
 
 conduct lo the chiet mate of the said ship, the said 
 
 the master being then on shore on the necessary concerns of the said 
 
 i* 
 
FORMS. 
 
 67 
 
 iiliil>; and tliis rewpoixlont fiirliier answering?, admits that tlie aaid 
 iho chief inalo, ordered this re«<p(>n<<«iiL to becontinnil in irons 
 wJiich was acoordinKly done, l)iJt rcspondt'nt Icnows not whtMlier lli« 
 said l)y letter informed tlio said of any (Micuiiisiances 
 
 relating to Miis respondent, or wheilier thesaid 'ordered a court 
 
 of inquiry to l)e heUi ; and thisres[iondent furtlier answering saitli, ho 
 admits tliat ii|ion the following; day he was bad up before the said 
 and tiu! second, tliird, and fiftli (but not the Iburth) cdicers of 
 thesaid ship, and was l)y tliem interrogated as to liisalleued insolence 
 to tlie said whejJ respondent positively denie<i the same, and 
 
 requested nermission t<> v-ali iiis shipmates as liis witnesses pi his de- 
 feiK'O, ^' Idcii request was peremptnrily refused; and this rnspondeut 
 denies that upon such pr(teud»'<l examination it appeared from ll>e 
 trstimony of any wltuos>es that tlie rospondent li id refus<;d to <» loy 
 the or<]ers of tiie said and hud e>>ndueied himself in a mutinouai 
 
 uiiMuier : and litis respondent further Huswerin;i, admits tliat lie was 
 I" utinuetl in contincmeut and in irons uiilil the said roturned to 
 
 iii(^ said ship, wliich lespotulen' says he did not do until the 
 • lav ot tli»i said month; and this respondent further answering saith, 
 I"- knows iioi wliat r(>piesenlat)oiis were made to tiie said Ijy 
 
 llie said officers, but he ■•aiih tliat the said without iiearin^ this 
 
 respondent in his defence, although he liumbly supplicated him so to 
 do, ordered respondent to receive tliree dozen laslies Irom a cal-'o- 
 nine-tails, wliich were inflicted or: him upon the same day ; and the 
 respondent further ansvverin<r, denies that after l\e had received one 
 or two lashes hu admitted that lie iiad been very insolent to the said 
 :ind asked to lie for{;iv<>n, on the eordraiy this respondeni 
 saith that dunii'; the lime of the said llo<;uin'.; this respondent several 
 times called out that he was beinir thus barbarously punished without 
 any Just eause ; and the respondent further answorin<; saith, he denies 
 that he did not suf1"i.-r any fever from the closeness of his aloiesaid 
 continement, and that he did n<<t at the time bo was so as aloresaid 
 iinjusiitiably punished. ury;e the .said to let him have some 
 
 water, and he .niso denies that the said did not refuse to let the 
 
 master-a'.-arms <;ive him any ; on the contrary this respoadont saith 
 that so intoleralde was ilie fever and thirst he experienced by the time 
 he had recr-ivc'ij twodo/.en of tlie said lashes, that respondent earnestly 
 entn^aed the said and his shipmates who were near him, to 
 
 jjive him a little water; that tlie boatswain's mate, who was fioKgin<r 
 him stopped, and the master-at-arms ran to him and held a ju^ of 
 water to ids mouth, upon whieh the said in the most cruel 
 
 manner ordered the inaster-at arms in.stantly to takeaway the water, 
 and then tlireatoned the boatswain's mate, who bad been inflicting the 
 puni^hment, that if he did not instantly proceed with the said punish- 
 ment he should have two dozen himself; and this respondent denies 
 that the piinishme it lie received was necessarily intlicted forthu sake 
 ot example, and to preserve discipline on board the said ship ; and 
 this respondent also denies that the said did not refuse to 
 
 permit ilie sur^jeoii of the shi|) to ^ivo respondent any ointment or 
 lotion for his back ; and he also denies that he was not in consequence 
 of (lie said iiunishment in a fainting and exhausted sttite, aud that he 
 did not sutler ex<^ruci;)ting pain and was much injured tbereb}' ; and 
 further or otiiorwise this respondent denies the said positioner ariicie 
 to be true. 
 
 To the tiiird position or article of the said allegation, tliis respon- 
 dent answering saith, he admits aud believes that which lie hath ad- 
 mitted and believed, aud denies and disbelieves that which he hath 
 denied and disbelieved. 
 On the day of repeated and | (Signed) 
 
 acknowledged before I 
 
 Judge, (or Surrogate) in his chain- 1 
 
 tiers. In the presence of j 
 
 (Signed) ileijittrar. 
 
68 
 
 FORMS. 
 No. 22 [88]. 
 
 I'ORM OFDEiS'TGNATION o/a Witness or Wilnesses intended to be 
 examined on any Libel, Allegation, or other Plea. 
 
 In the Vice-Ad mi rally Court of 
 
 [Insert names of /Ship and Master.] 
 [Ttiscrt name to the first, second and tiflh articles of the libel. 
 
 o/ Witness.] to the third, fourth, sixth and seventh articles. 
 
 No.23[0G]. 
 
 FORM OF INTEltltOGATORIES to be administered, where necc$- 
 sary, to Witnesses cxoinined in support of a Libel or Snmmaty 
 PeiitLon (in which Special Matter is Pleaded) in a Cause of Subtrac- 
 tion of Wages. 
 
 Iiiterro^atorips to be adininistord, on tlio part and behalf of [w- 
 sert name of Master] the niaster of the said whip or vessel called 
 the {^insert ^he name of Ship] one of the parties in this cause, to 
 the witnesses^ produced or to be producod, sworn and examined 
 on tiie positions or articles of a certain summary petition bear- 
 in}; dale the day of given in and admitted in this 
 cause on ihe part and belialf of late a mariner on board 
 tlie said ship, the other party in this cause, follow, to wit: — 
 Let the nature of an oath, and the sin and danger of perjury, and 
 the punishment due to a lalse witntss be explained to each witness ; 
 tlien let him bo admonished to u:ive his evidence in this cause candid- 
 ly and impartially, without favour to either party. 
 
 [This Admonition, and the three following Interrogatoi ies, maybe admin' 
 istered in any case in which it may be deemed advisable.] 
 
 Let each witness who sliall be designed hereto be asked. At whoso 
 request do you attend to become a wiiness in this cause? Have j'ou 
 had any, and how many meetingsor consultations with theproducent 
 or his proctor, agent or solicitor, or any other person, and whom by 
 name, concerning your being examined? If yea, set forth what 
 passed at such meetings or consultations. 
 
 Lot each wiiness who shull be designed hereto Jjo asked. Have you 
 been taught or instructed, or have any liints been given you b^' any 
 person, and whom by name, what to depose or what to avoid depos- 
 ing in this cause? Set forth tlie instructions or liints j'ou have re- 
 ceived, and whether by word of mouth or in writing. 
 
 Let each witness who shall ba designed hereto be asked. Have you 
 received, been promised, or do you expect or hope to receive any re- 
 ward, gratuity, present or satiyfaction, or to be benetitted in any and 
 what way for giving your evidence in tliis cause? From whom by 
 name have you received or do yon expect or hope to receive the same? 
 
 Let each witness who shall be designed hereto be asked, lu what 
 situation of life are you, and how do yoa support or maintain your- 
 .self? Were you not a seaman on l)oard the or in some way 
 
 engaged on board her at the time the producpnt was serving on board 
 her? If yea, For what reason have you left serving on board the said 
 ship, and when did you leave her? 
 
 Let each witness who shall be designed hereto be asked, Did not 
 the producent, to your knowledge or belief, whilst on board 
 the said ship called the several times conduct himself in a dis- 
 
 obedient and insolent manner, contrary to the good order and disci- 
 pline necessary to be observed by seamen on board merchant vessels, 
 and tending to produce insubordination in tlie crew? Did he not, as 
 you know or believe, on the day of last, whilst the said 
 
 ship was coming to an anchor in leave his duty when in the 
 
FORMS. 
 
 69 
 
 act of paying out cable to bring up with ? Was ho not found fault 
 
 with by 
 
 the master of the said ship, for so doing? Did he not 
 
 ■|: 
 
 I, 
 
 thereupon conduct himself in a most insolent manner towards the 
 said tending thereby to produce disorder and insubordination 
 
 and mutin3' amonst the crew of the said ship? Will you positively 
 swear that you did not sec the said the producent, on the 
 
 dav of or about that time, conduct himself as interrogate ? 
 
 Let each witness who shall be designed hereto, be asked, Did not 
 the said the producent, on or about the day of 
 
 last, while at dinner with the rest of the crew of the said sliip, take up 
 a piece of beef, and in a most insolent and provoking manner demand 
 of the said the master of the said ship, if that was provision 
 
 fit for him to oat? And did he not otherwise conduct himself in a 
 most insubordinate manner, tending to produce discontent among the 
 crew of the said ship? Did not the said the ma<'ter of the 
 
 said ship, upon hearing thecomplainl of the said in regard 
 
 to the provision, appeal to the remainder of the said crew, and ask 
 them it they were satisfied with such provision ; and did not the re- 
 mainder of the said crew declare that it was of the best quality, and 
 that they were perfectly satisfied therewith? Will yoa positively 
 swear that you were not present at the transaction interrogate, or that 
 the said on the said occasion did not conduct himself as 
 
 interrogate? 
 
 Let each witness who shall bo designed hereto be asked, Did not the 
 said the producent, on or about the day of last, 
 
 when the said ship was close ofTthe island of in the 
 
 in a violent squall, refuse or neglect to do his duty in close reefing the 
 topsails when required so to do ; and upon being remonstrated with 
 for so neglecting or refusing to do his doty, did he not behave in a 
 most insolent ahd unseamanlike manner, causing great confnsion on 
 board the said ship, and great risk of losing the said ship? Will j'ou 
 positively swear that you were not present at the transaction interro- 
 gate, or that the said on the said occasion did not conduct 
 himselTas interrogate?] 
 
 Leteaeh witness who shall be designed hereto be asked, Did not the 
 said on or about the day of last, without leave of 
 
 any person having authority to give the same, go on shore at in 
 
 the said island of in a boat then in charge of the second mate of 
 
 the said ship ? Did not the said upon being required by the 
 
 said second mate to return on board the said ship and to do his duty, 
 refuse to do so, and behave in a most insolent manner to the said 
 second mate? 
 
 Let each witness who shall be designed hereto be asked. Did not 
 the master, and the mate of the said ship on or 
 
 about the day of the said month of last, in consequence 
 
 of the conduct of the said and of bis having deserted frcvn the 
 
 said ship, attend on Esquire, one of His Majesty's Justices of 
 
 the Peace for the said island of and made complaint on oath of 
 
 such the conduct and desertion of the said ? Did not the said 
 
 Justice ol the Peace cause the said to be brought before him 7 
 
 Did not the said in consequence thereof attend before the sp.id 
 
 Justice of the Peace, and upon being called upon to state the reasons 
 for his said conduct, did he not reply to the said Justice of the Peace in 
 a most insolent manner, and declare that he acknowledged no autho- 
 rity over him in that island, and that he should give no answer to the 
 questions put to him ? Was not the said In consequence of 
 
 his so refusing to account for his said conduct and to return on board 
 th« said ship, committed by the said the Justice of the Peace, 
 
 to the common jail in the said island ? Will you positively swear that 
 you were not present on the occasion interrogate? or that the said 
 did not conduct himself as interrogate? and that he was not 
 committedby the Justice aforesaid to the common jail in the island oi° 
 as interrogate? 
 
70 
 
 F0HM8. 
 
 Let each witne^is wlu) slmll bo deNitrnHi) iiorelo, be A!«ked, I>i<i iini 
 the said as you know nr believe, remain in unntliiouieni in the 
 
 said common jail of the isslnnd of 
 nntil the day of 
 
 apain broap;ht before the Knid 
 said ? And was he not required 
 duty on board the said siiip 
 
 fr')in the said day of 
 
 I'ollowiny:? And wa"< l>« not 
 the JtHtiRH of tljo I'eaiie afore- 
 by thM said .iiistino to return to liis 
 ? Uid Ijo not refdso so to do, unti 
 WHS he not in consequenoo remanded l)y the said Ju!<ti(!e to ih« com- 
 mon Jail? Did not llie said in conaeqnunce of ids persixtinu: in 
 not returning to Ins (inty on board tiiesaid slii|>, remain in (Mislody in 
 the said (vimmon jail until tlie dav of ? Was liu not 
 then, by the order of iho said .lustioocif the Peace, taken from the 
 said jail and put on board the said shi[>, slie bvin:; tiien about to leave 
 the said island, and the law of the said Island requiring the master to 
 takn the said with him ? 
 
 Let each witness who shall be desijfned hereto, be askeil, Was not 
 the said on or about the day of last, by order of 
 
 the said Justice of the Pea(!e aforesaid, brouitht on board th« 
 
 snid ship from theeoinnion jail in the said island of 7 
 
 Did not the said ship shortly afterwards leave Hie said island, and did 
 not the said remain on board the said ship until her arrival at 
 
 the port of on the day of la^t, without doin^ any 
 
 d u ty. 
 
 Let each witness who shall be designed hereto bo asked. Did not two 
 more of the crew of the said ship conduct themselves in an 
 
 insuborninate and unscamanlike manner ? Do you not believe that 
 they were induced so to do by the example of the said ? 
 
 Were not the names of the said two mariners and ? 
 
 Did they not, on the aforesaid day t)f also desert from the 
 
 said ship?' Were they not taken on tlie day (<f tiiesaid month, 
 
 in company with the said before the said the said 
 
 Justice of the Peace, and was not the said upon expressing 
 
 his sorrow at his conduct, and promising to •etnrn to his dut3', dis- 
 charj^ed? Was not the said upon refusing: to do so, committod 
 
 ti) the common jail of the island of and did he not remafn there 
 
 until the day of last? Was he not then again brouglit 
 
 before the said Justice of the Peace, and upon being required to return 
 to his duty on ijoard the said ship, did not the said declare ho 
 
 would not do so unless the said would ? and in consequence 
 
 of tlie said refusing to do so, was not the said remanded 
 
 to the aforesaid jail, where he remained some time longer? Was he 
 not at length released, upon promising to return to his duty on board 
 the said ship? and did he not thereupon return to his duty on board 
 the said ship? And let the said and be particularly 
 
 examined to the facts interrogate. 
 
 Let each witness be admonislied not to disclose to any person or 
 persons the purport of these interrogatories, or of his answers given 
 thereto, or of his evidence given upon the summary petition on behalf 
 of the said 
 
 [To be signed ci/ C'oujiset.] 
 
 # 
 
 No. 24 [97]. 
 
 FORI I of INTERROGATORIES to be administered, where neces- 
 sary, to Witnesses examined in support of the Libel or Summary 
 Petition in a Cause of Subtraction of Wages. 
 
 In the Vice- Admiralty Court of 
 
 [Insert names of Ship and Master.] 
 Interrogatories to be administered, on the part and behalf of 
 sole owner of the ship or vessel called the (whereof 
 
 now is or lately was master), to the several witnesses produced 
 
FOUMH, 
 
 71 
 
 or to be produced, sworn, and examined on the HUmtnary peti- 
 tion and schedule therein annexed, bearint; date the day 
 of heretofore Kiven in and admitted on belialt' of 
 late a mariner on board the said ship or vesHol, f illow, to wit: — 
 
 Let each witness be remindnd of the oath talion l)y him at the tlute 
 of his beinf? produced a witnesn in this ciiuse, and of theuin and 
 danger of porjiiry, and let him be admonished to nive truoanswers to 
 the several in'torro^atoiien ttl)out. uo be administored. 
 
 LpI each witn(*ss be asked, Wliat intimations have you, or lmtl» 
 either a^d which of your follow vvitnesNCS, to your l^nowlodKe »"d 
 belief, received, as to your or tlieir examii)ati'>n on the matters it whs 
 expected you or tliey would depose to ? Have not some, and what 
 liints or observations been made or communicutod to you? If yea, 
 set f'lrih tlie same. 
 
 Let each witness designed hereto l>e asl<ed, Were you not a seaman 
 on board tlie said vessel on her late voyaue from to 
 
 and baclt ? Di(i not you, the produccnt, and your fellow wit- 
 nesses, at the time of enK)i);in<; yourself as siieh, or shortly and iiow 
 lonn afterwards, and when, where, and in whose presence, sij^ti th« 
 ship's articles for the due performiuice of ihovoyaire? Are you not 
 aware that at the time of sitrnin;; such artifles. you pledged yourself 
 to fulfil the ditt'eretit matters and ttiin;rs in such articles set forth and 
 examined? Let tlieoriuinai sldp'» artirtles hereto annexed, marked 
 No. 1, l)e shewn to the witnesses and and lettliem be 
 
 asked. Are not llie uiinies and set and siiliscribed to the 
 
 said sliip's articles, of your tiandwrilln^ and subscriptoii? And did 
 you not sign the same in the presence of ni the inontii of 
 
 last ? 
 
 Let each witnesses desi<;ned hereto l)e asked, l>id not you or one or 
 otlier ofyonr fellow witnesses, or so.ne other person (W persons, and 
 wlio l»y name, purcliase a quantity of t<)l)acco from some person or 
 persons at or near whilst tlin said vessel was l.vin« ttiere or 
 
 about sailintr therefrom? If yea, set furtli the f|iinntilv and the name 
 of the person f)r persons from whom you or either of your fellow wit- 
 nesses, or vvlio eiso l>y name, pnrcliased siicij toba<'co, as you know or 
 have lieard and believe? Did nit ttie said vessel on Iter arrival at 
 or sljortly afterwards, lie aionnside a place cralleil ? 
 
 Were yon not, wiiilsi tlie said vessel was lyin« theie. frecjnently in 
 tlie iiat>it of leavin.r tlie said vessel to »<> on snori^ ? Did not tliat, or 
 some other and wliat attract the attenuon and excite tl)e sus(>i(;ion of 
 some person beloiiyin^ to the Ctistotns? On your ojiih will yon un- 
 dertake to swear, that at some one oi other of tlie limes of your so 
 gnin^ on shore, that 3'ou or one or other of your fellow wilr'esses, and 
 whom by name, did not convey some, and wliat tol)4cco or contraband 
 {joods from the said vessel to the sliore? Wliat conversation had you 
 with either of your fellow witnesses in regard ttiereto? wlieti and 
 wljere did tlie same take place, ami who were f>rfsent tliereut ? 
 
 Let each witness de.-i^ned hereto lie asked, Did not an otHcer of tlie 
 Customs, or some otiier person authorized so to do, ^o on board the 
 said vessel whilst slio was lyinj: alonuside and make search or 
 
 inquiry in order to ascertain it any contraband or j rohil)iled goods 
 were concealed on iioard the said vessel? Did not lie or they seize 
 some, and what (juanlily of tobacco in ilie forecastle of the said vessel^ 
 and did not the quantity so found exceed tiiat allowed by law to be 
 brought on board as sea-stock ? How many men were tiiere en4;aged 
 as seamen, and to whom was tlie forecastle appropriated on the 
 said voyage? Set forth their names, and the quantity of toba' co 
 allowed each individual as sea-stoek on the voyajie from to 
 
 Is not tlie forecastle tlie place wliere yon and yonr fellow 
 witnesses >leap and victual? Was not the saitl U)liacco, when found, 
 in a situation evidently intended for concealment, and will you 00 
 3'ouroatli undertake to swear that you did not know of its l)ein({ there 
 concealed ? Was not the said vessel detained in consequence thereof f 
 
72 
 
 FORMS. 
 
 Let oftch witnPHM l)0 tidmonislioil not to diHcloHe to any porson, until 
 puhli(!Htioti shall Imve passed, the f»nr[)ort of tho«o iiitorronatories or 
 Ills HnNW<ji°H thf^rcto, aii<l lot chcIi vvitiioHH, oxuupt (hn tirst, ho nsked, 
 Has eitlier aixl w liiiili <;!' your rellow witnesne-', or who ehe, infunneci 
 >ou of tlio pur[>ort of tJiase intcrm^atories, or of tlie aiiswors thereto, 
 of either and whicli ot your fellow \vitn«'HM<<H? 
 
 [To be ftiyiud by Cownsel.] 
 
 [No. 25 [98]. 
 
 FOJi.V of iSTERROdArORlKS to he admin istcretl to Witncssca, 
 irherc, uaci'sn'iri/, in siij-j^url oj <(. IJbd in a (' •n.-c of Damage by 
 (Jollision. 
 
 In the Vict-Admiralti' Conrt of 
 
 'ilnsfrt }i(im<n if Shi^i and 3/«»^^.] 
 Jntcrroffutories miuislori'd and to be administered by and on the 
 pint mid behiilf of .•■ole owner of the s.iid ^hlp or vessel 
 
 partj' iu this cause, to the several witnesses pro- 
 clnecd and to be produced, sworn, and examined on tlie several 
 positions or articles of a certain Libel [or *^ Alley alio n, as thi: 
 vase, inn ij bo,'] bearini: date the day of heretofore 
 
 yiven in and admitted in this cause by and on the part and be- 
 half ot and the owners of the late 
 ship or vessel c died the whereof the said 
 was iniister, the other parties in this cans*', fol' , to wit: — 
 Let each witness be a>ked. At whose recjuest do y<j ome to be ex- 
 amined as X wlt.iess in this cause? Have you had any or how many 
 meetings and consultations with tlje producent, his ajjent or solicitor, 
 nud whom by name, respecting; your being so examined? Have you 
 been taught or instructed, or in any manner given to understand, what 
 you should say and depose or avoid saying or deposing in this cause, 
 and what would be for the interest and what to the prejudice of the 
 producent ? If yea, set forth the same fully and at large, and whether 
 such instructions were vt rbal or in writing, and by whom given. 
 And if the said instructions or anything in the nature cf instructions 
 were in writing, let the witness be required to produce and k'ave 
 them with the examined. 
 
 Let each witness be asked, Have you or have any or either and whicli 
 ofl your fellow witnesses, to your knowledge or belief, received, been 
 promised, or hope to receive, or expect any and what reward, gratuity, 
 present, or satisfaction, for giving your or tlielr evidence in this 
 cause ? If j'ea. To what amount ? and from whom or by whom, and 
 when have you or they received or been promised, or do hope and ex- 
 pect to receive the same ? 
 
 Let and and eack person that belonged to the said 
 
 schooner be asked, Were you on board and in the service of 
 
 the said schooner on the day of last past? If yea, In 
 
 what capacity did you serve? Did not the collision of the said two 
 vessels take place off ? Had not the said schooner shortly 
 
 before passed the brig to windward towards the northwest, 
 
 between the said brig and the land ? Was the said schooner when 
 such collision took place, um'.er her fore staysail, Toreiail, fore-topsail 
 and ntainsail, with the foresail full and the muinsail scandalized? If 
 yea, let the witness be asked. Do y(ju not as a seaman know that a 
 schooner cannot lie to under such sail, and that to enable a schooner 
 to lie to with such, the mainsail must be set ? On your oath is :t not 
 the fact that the said schooner was not lying to, but had just wore 
 
 t 
 
 I 
 
 f 
 
 I 
 
FORMS. 
 
 78 
 
 f 
 
 ronticl In order to make a reiich from tlie luiul . Did not tlio nald two 
 vessels, while tlit-y were entunslcd, drift touctlu'r towards 
 rocks? and after they were eoparated, did not the master of 
 
 the said scliooner, steer the for upwards of nfter the 
 
 said scliooner, which continued driving before the wind considerably 
 beyond rocks, which broiij^lit her nearer to ? When 
 
 you n.'turned on board the said schooner in llie brig's boat, did you 
 sound the pumps to ascertain whether slie was making wat^r? If 
 yea, How mucli water hsid slie then made? Wcf the pumps rigged 
 In order to pump the said scliooner? If yea. How often was lli ' (taid 
 schooner pumped ? and Iiow long each time? On your oath, Is i^ -ot 
 true, that the said schooner never was pumped at all, from the time of 
 the colllNlon until she was abandoned? 
 
 Let each of the said witnesses be a.^ked, After you returned on board 
 the said SI hooner from the did not the smack come up 
 
 to you, and inquire whether you wanted any assistance? and did you 
 not, ail or some of you, in reply to such question, ask the master of 
 the said smack, whether he would take the said scliooner in tow to 
 ? and upon the said muster expressing himself ready to take 
 the said schooner in tow, did you not, all or some and how many of 
 you, reply, tiiat you must llrM go to the brig and ask the master 
 
 thereof Ills opinion or adyicc whether you sliould employ the said 
 smack for thai purpose, or bo towed by the said brig? and did you 
 not, all of you excepting llie master, then proceed to the said brigand 
 go on l)nard her, and ask the master thereof to give y(JU his advice or 
 opinion tiiereon? and did not the said master in reply distinctly sfate 
 that you ought to niake up your minds, as it was not a time to hesitate, 
 for if the vessels were driven further from the land, he would be unable 
 to tow you to ? Was not an hour wasted before you came to 
 
 any dttt rmination? Did not tlie said smack during such time come 
 towards the brig? and did not the master ol the said smack then dis- 
 tinctly call to you to make haste, as the schooner was then driving 
 from the land, and that they should be unable to do anything wltij her 
 if more time was lost? Did you not at last deiermine that the smack 
 should tow you to ? and did you not leave the brig exclaiming 
 
 " that is the place for us?" On your oath, was it not the anxious wish 
 of all of you to be; towed or taken to in preference to ? 
 
 and was not that the sole reason for your accepting the otter made by 
 the smack ? 
 
 Let each of (he said witnesses be asked, What was the distance of 
 the said scliooner from the land when you first returned on board her 
 from the brig ? Was she not then about one mile north-east of the 
 rocks, and about miles south-east of ? Wag 
 
 not the wind at such time about west-south-west, and was not that a 
 wind on llie larboard beam, and fair for proceeding to ? 
 
 Do you not believe that if the said schooner had then been turned 
 round, with her larboard side to the wind, she could, with the aid of 
 of her own sails and being towed by ihe brig, have got into the port of 
 ill two or three hours with her mast standing? 
 
 Let be asked, Did not three of the crew of the schooner, one 
 
 of whom was the master's sou, on the boat reaching the 
 
 smack, go on hoard her and remain there, instead of proceeding to 
 their own vessel? When the mate of the smack and one of her crew 
 got on hoard the schooner, did they not ask you what damage had been 
 done? and did you not reply, Very little to the hull, for you had 
 sounded the pumps, and the leakage was not worth mentioning? or 
 •words to ihiit elTect, or to the like eflect? Was not the foremast of the 
 aald schooner at such time standing with the sail upon it, supported by 
 
74 
 
 ponMM. 
 
 tlio nt&yH ? and wan not tlio forcstay cut by one of the smack's man ? 
 (ind did not thn said must Mien, nnd not beAirv, fall over thu larboartt 
 side of the Huid Ncliooner ? and was not Tcry little damage uucaHloned 
 thereby to ihi' staid schooner? Were not thu whole of the said aervi- 
 oos, pi^rformed on board thu said schooner, so performed by yourself 
 and tin; two men l)i'lon){in<{ to thu smack? and wore you not very angry 
 that yon had not the aid of any of your own orew? And wlu'n you 
 wont on boara the smack, alter Hb.mdonini; the schooner, were you 
 not informed that Miu three of your men who had gone on board the 
 smack had been below drinking, and wure very indltterent and c releHa 
 about the I'alo of their vessel, and ;;avu very little aid in the procecl- 
 ings iliai, took place ? and did you not in consequence feel and express 
 yourself very indignant at their ix^giigent and shameful cotHluot? 
 VN'ere not the pumps of the said schooner sounded shortly before you 
 abamioned her, and (lid you not tliiMi tind that she had only eighteen 
 inches of water? Would she not have had from eight to ten inches of 
 water, had no oollision taken place ? 
 
 Let be asked. What is your business or profession ? H »w 
 
 long have you been enjiajicd therein ? Dj vou proless to have a com- 
 plete and perfect knowled;;e? How old was >ho schooner in question 
 at tlie time of the collision? Was jou present when the said schooner 
 was purchased for tlie late owner? At what tiinu was such 
 
 purchase made? Wli'it was the sum ajfreed to be paid for tiie same? 
 Was such sum actually paid by or on heliidf of the said parties? Had 
 not the said schooner performed a nunil)er of voyages between the 
 perlotl of such purchase and the time of her loss? Let the witness 
 state bow many sucli voyages, as lar as he knows and believes. Do you 
 believe, aud can you eonocientiously swear that the said schooner was 
 of the same value on the d;iy of the collision as when she was so pur- 
 chased? If nay, llow much was sijc deteriorated in value? llive you 
 not heard, do you not know, and do you not believe, thu (me of 
 
 the owners of the said scliootier, lias de3lared that tiiey paid lor her the 
 sum of and no more? and that her additional stores cost them 
 
 and no more? 
 
 Let each witness be admonished not to reveal to his fellow witnesses 
 his deposition in chief, tliese interrofratories, or his answers thereto, 
 until after the peblication shall bave passed 
 
 [ 'I'd br signed by Conn eW] 
 
 No 26 [99]. 
 
 FOBM of IXTEBliOa ATORIES, vhere necesmnj, 
 
 Dumay<i by Jieutiny. 
 
 in a Cause of 
 
 In the Vice-Admiralty Court of 
 
 [/««(,»•< names of Ship and Mauler.] 
 Interrogatories to be adminiaitercd on tlie part and i)ehalf of 
 
 late a mariner on board the said ship one ol the parties 
 
 in this cause, to the witnesses produced, or to be produced, 
 sworn, and exumiuedon the several positions or articles ot a cer- 
 tain allegation bearing date the day of given 
 in and admitted in thi« cause, on thtt part aud t>ehalf of 
 the other party in this cause, loliow, to wit : — 
 
 [Note. — For the admonition and the general inter rogatories see No. 
 23.] 
 
 Let the chief mate, and the sixth mate, be desired to 
 
FORM?. 
 
 76 
 
 oamc the perflonn und the sitiiatlon<i they heltl, who ouinpoHCil tUo pre- 
 tended court for ioquiriny; Into the charj^e of misconduct aitninst 
 
 one of the pHrtlcN In the onufift, on thu dny ol and 
 
 by whose auth.)rlty the same was held, and whnt were the Hpccial orders 
 for hold! n<; the Knme; iind let them be required to net forth thu orders 
 apcoifl cully und verhitiiiii, an 1 it In writlni;, to produce the nnnie ; und 
 then let thorn he rrqueHti'il to mime the por^oni und tlin Hituatlons tliey 
 held, who wore uxuiiiincd :ih wltruj.sses a^tulnst tht; said and 
 
 then let thoui he; asked to naiuo the perHon* und sItuutiouH they hold, 
 wlxt were examined is wltnesse«« on hehalf oi the .said and to 
 
 ntute specifically and purtlculurly all that wus Hald by the witneH<40H on 
 behalf of the said , and to htutu specifically and particu- 
 
 larly all that was sulil by the witnesses, so us alleged, produced on 
 behalf of the pluiotilf in this niiit. Let them be asked whether 
 
 who w MS brou{;lit as a wirnoss nyainstthc said 
 did not speak in his lavour; and did not the said there- 
 
 upon Huy to him, '. [> that be all you <'an prove, you nii^lit uh well not 
 have come," or words to that effect,? fiCt be asked, On your 
 
 outli, will yon deny hnvlnj; used words to that or the like effect? Will 
 you deny hnvin;; used any words at nil ? and If nny. What expressions 
 did you make use of with rejjard to thcoyldenceof the said ? 
 
 Let them be asked whether the said did not rcciuest permission 
 
 to cull some of his shipmates as his witnesses in his defence, and was 
 he not refused peimidslon so to do? Will you positively swear he 
 was not refused permission to examine any witnesses in such his de- 
 fence? Let them be asked. Will you swear that the said 
 did not, in addition to his refusal to u>'>'int8uch requestof the said 
 
 say, " You are a damned rascal and deserve a good flogging, and 
 you shall have It?" and did not the said upon that occasion ex- 
 
 press himself in words to that or the like purport, iutent, and meaning? 
 
 Let the said be requested to name the persons who were em- 
 
 ployed In thu hold, handing up billet-wood under his superintendence, 
 on the day of Let him be asked, Will you swear that 
 
 upon the occasion on which you found fault with the said the 
 
 delay was not occasioned l>y the man above the said not being 
 
 ready to receive the billet from him? Let him be as!.ed. Will you 
 swear tliut upon such occasion, in reply to your charge of his not 
 working so well as a man named the said did not reply 
 
 " that the said workeil too fast to last long," or that he the 
 
 said did not make use of words to that or the like effect ? and 
 
 was It not this reply which you complain of to the said ? 
 
 Let the said be asked. Whether, upon the return of the said 
 
 ship to England, himself and the said were not takeu 
 
 under a warrant before Esquire, one of the magistrates at 
 
 to answer for their treatment of the said at ? Let 
 
 him be asked. Whether the said mu^ristrate did not, upon hearing the 
 <wbole of tliu circumstances on Mie belialf of the said as also 
 
 the defence of the said and express his regret that hiS 
 
 jurisdiction would not permit him to Interfere! Did he not also state 
 his conviction to be, that the punishment Inflicted ou the said 
 was excessive? and did he not ddvlse the said to Institute a 
 
 suit for damages? 
 
 Let the surgeon, be asked, Were you on board the said ship 
 
 on the day of ? If nay, let him be asked. How 
 
 soon after he came on board? Was not the said on shore at 
 
 that time? Will you swear that the said the master came on 
 
 board the ship prior to the day of Let hlra be asked. 
 
 Whether, upon the day on which the said was flogged, 
 
f.:^^'i^'.^^^^i^%K^;::'^-n'rn-ri-^ 
 
 * 
 S 
 
 4 
 
 16 
 
 FORMS. 
 
 tlic boatswain was not conSned below on the sick list, and was not 
 below during the whole of the time he was being flogged? Let hlra be 
 asked, Whether the said did not apply to him, after his flogging, 
 
 to have his back dressed? Did you dress his back, or jender him any 
 medical assistance whatever? If not, Why not? Will you swear that 
 you did not decline to render hira any mo'iical assistance, from fear of 
 the captain's displeasure? Let him be a.sked, Whether close confine- 
 ment in irons for six days, in a hot country, is not sufficient of Itself 
 to produce fever, and impair the health? And let him be asked, 
 whether flogging, after such a contlnemeut, would not greatly increase 
 the fever ? Let him '^e asked, 'Vhether he said was not 
 
 compelled, immediately after the said fioggi'jg, to return to his duty, 
 without even having had his back dresseilr 
 
 Let all the witnesses be asked. Were you present at the flogging of 
 the said If yea, let them be asked. Did not the said 
 
 repeatedly urge the said the master, as also his shipmates, to 
 
 give him a little water to allay the fever during the time he was being 
 flogged? Let them be asked. Did not the master-at arras, when the 
 said hiid received iibout two dozen lashes, run to him with a 
 
 can of water? Will you swear that the said the master, who 
 
 was present, did not instantly order the uiaater-at-arms to takeaway 
 the water? and did he not threaten the boatswain's mate, who had 
 stopped the flogging, that he himself should have two dozen unless he 
 instantly proceeded? Let them be asked, Whether during the said 
 
 not uniutentionalij strike the said 
 a foul blow ovor the head, and did not the master-at-arms, 
 who was appointed to count the lashes, reckon that as one? and did 
 not the said instantly order it not to be counted ? and 
 
 did not the said receive three dozen iashes, independent 
 
 of the foul blov: ? 
 
 Let each witness be admonished not to reveal to his fellow witnes- 
 ses, or either of them, his examination in chief, these interrogatories, 
 or his answers thereto, until after publication shall have passed in this 
 cause. 
 
 [Zb be signed by Counsel.'\ 
 
 flogging the boatswain's mate did 
 
 I 
 
 t 
 
 No.£. [103.] 
 
 FORM of ALLEGA 770 JV, or Responsive Plea, in a Cause of Subtraction 
 of Wa^es pleading Insubordination, Desertion, die. 
 
 In the Vice-Admiralty Court of 
 
 [Insert names of Ship and Master.] 
 On the day of in the name and as tl:e lawful 
 
 Proetor of of the owner of the ship called thtv 
 
 and under thiit denomination, and by all better and 
 more eflectual ways, means, and methods in the law whatsoev^, 
 which may be mot;t beneficial for his said party, sayed, alleged, 
 and in law articulately propounded as follows, to wit: — 
 That party in this cause, was, on or about the day of 
 
 shipped and hired to serve on boavii the said ship ' on 
 
 her then Intended voyage from to and back to a port in 
 
 Europe, In the capacity ef a mariner, blJ he duly executed the usual 
 ship's articles or mariner's contract for the perforipanoe of such voy- 
 age, by which articles (amongst other things) each and every of the 
 mariners belonging to the said ship engaged and obliged themselves to 
 do their duty and to obey the lawful commands of their ofllcers on 
 
FORMS. 
 
 77 
 
 board the sakl ship or boats belonging thereunto, and not to neglect or 
 refuse doing their duty, nor go out of the ship, or be on shore, under 
 any pretence whatsoever till the voyage was ended, without leave ob- 
 tained of the master or commanding officer of the said ship; and In 
 default thereof to be liable to the penalties mentioned in certain acts of 
 parliament in the said articles referred to, as in and by the said origi- 
 nal articles or contract now remaining in the Registry of this Court 
 annexed to an aflldavlt (if the master of ihe said ship, relation 
 
 being thereunto had, will appear; and this was and is true, public and 
 notorious, and so much the said doth know, and in his con- 
 
 science believes, and the party proponent doth allege and propound of 
 any other time, place, person or thing, as shall appear from the proofs 
 to be made in this cause, and every thing in this and the subsequent 
 articles of this allegation contained jointly and severally. 
 
 That shortly after the said ship sailed t'vom and on 
 
 many occasions during her aforesaid voyage, as hereinafter pleaded, 
 the said behaved and conducted himself in a disobedient and 
 
 insolent manner, contrary to the good cder and discipline necessary 
 to be observed liy seamen on board merchant vessels, and tending to 
 produce insubordination in the rest of the crev And the party pro- 
 ponent doth fiirthci- allege and propound, that >t about the 
 day of the said month of whilst the sf . ip was coming to an 
 
 anchor in the the said who was employed in paying out 
 
 the cable by which the said ship was to be brought up, without any 
 just or necessary cause quitted such his employment, and upon being 
 found fault with aad reproveil for so doing by the said the 
 
 master, conducted and behaved himself in a most insolent manner to- 
 wards the said and said, " he would be damned if he would do 
 any duty that he did not think proper or approve of, and that he would 
 not be controlled by the captain in what he should do, as he was not 
 on board a damned man-of-war," and used other expressions to that or 
 the like ettect; and by such his conduct and behaviour tended to pro- 
 duce disorder, insubordination and mutiny amongst the rest of the 
 crew of the said ship; and this was and is true, public and notoric^e, 
 and the party proponent doth allege and propound as before. 
 
 That on or about the day of whilst the said 
 
 and the rest of the crew of the said ship were a' dinner, ho the said 
 took up a piece of beef and in a most insolent manner asked 
 the said the master, if that was provision fit for him to eat, 
 
 and at such time swore at the sai.l and otherwise conducted 
 
 hinjself in a most in.^ubordinate manner, tending to produce discon- 
 tent among the crew of the said ship. And the party proponent doth 
 further allege and propound that the said beef was of excellent quality, 
 and thi, the rest of the crew declared that the provisions on board the 
 said ship were of the best qualify, and tliat tiiey were perfectly satis- 
 fied therewith ; and this was and is true, public and notorious, and the 
 party proponent doth allege and propound as before. 
 
 That on or about the day of last, wheu the said ship 
 
 was close off the island of during a violent squall, the said 
 
 refused or neglected to do his duty in close reeling the topsails, 
 which he had been directed to do by the said master, or by one of the 
 oflicers of the said ship, and which he was well able to do; that the said 
 upon being remonstrated with for such his neglect or refusal 
 to do his duty, behaved in a most insolent and insubordii.ate manner, 
 and caused great confusion on board the sliip, the safety of which was 
 much endangered by such his conduct ; and this was and is true, public 
 and notorious, and the party proponent dotli allege and propound as 
 before. 
 
78 
 
 FORMS. 
 
 'i'liat on or about the fliiy of t lie suid month of last, 
 
 the sail! of his own will, and without applyin:; furor havin;^ 
 
 obtained tlic consent o • permission of the Ina^tc^, or of anj' other per- 
 son JiavinjK autliority to f^ivc the same, went on sliore at in the 
 said island of in a l)oat tlien in cliai.";e of iho second mate of 
 the said >«• hip; and on bein<^ afterwards required by the second mate 
 to return on board the said ship, anil to do his duty, he refused to do 
 so, and behaved and conducted hiniself towards ll»e .Tiid second mate 
 in a n)ost iiisolent tnauner, to the evil example of the rest of the erew 
 of the said ship; and this was ana is true, public arid notorious, aii'^. 
 the party proponent doth aliej^e and propound as before. 
 
 That on the day of the said .iionth of the said 
 
 was perniitiefl by tJie diief oflicer of ilie said sliip to j^o on shore on 
 the said islaud of on condition that he slioiiid reiurii on board 
 
 thereof in the evening of tlie said day at sunset ; tliat tiie said 
 did not return to the said ship in tiie eveiiiu:: of ilie s:iid day as he lui-, 
 promised to do, but witliout any ju^t cause or occasion absented him- 
 self from his duty, and deserted tlierelioui ; and the party prdponen' 
 doih allege and propound that in consequence of the said liavin^ 
 
 been .«uilty of the various ac's cf insubordination, belt in-before-men- 
 tioned, and having so deserted from Ids duty on board the sai'.; ship 
 and not having leturned thereto, tiie said the master, 
 
 and the mate of the said ship, on the next day, to wit, tlie 
 
 day of the said montli of aticndcd on Esquire, one o!' 
 
 his Mnjesty's Justices of the Peace, duly appointed and aeiiim in an*: 
 for the said island of and made complaint <»!i oyth o( siicli th • 
 
 conduct and desertion of tie said wiiereupon the said 
 
 caused the said to be apprehended, about o'clock »;. tli-. 
 
 said day, at the about miles from the said ship, wherv 
 
 he had been and was then staying, and to be brought bi'tbre him; thai 
 the said was then called upon by the said Justice to stale tl^^ 
 
 reason foi his said conduct, when he declared in a most insolent man- 
 ner that he acknowledged no authority «ver hiid i:; liiat isliiul, and 
 that he should g've no answer to the qucsiions put to him ; that in 
 consequence of the said so refusing to account for his saitl 
 
 conduct, and to return on board the said ship, I.e was commitled hy 
 the said to the cf)ininon jail in \.hv said island, where he le- 
 
 malued from the said day of until ihe day oi 
 
 following, when lie was again brought before the said 'ustice 
 of the Teace and required by him to return to his .lUty on iioanl tlie 
 said ship, but he still refused to do so, and was thoieui'uii remaudei^ 
 CO the said jail; and this »s and is true, public an.l notorious, an-i 
 the party proponent doth allege and piopound as belore. 
 
 Tnat in and by a certain act made and passed on or about tlie 
 day of in the yeur by the fioveriior. Council, and 
 
 Assembly of His Majesty's said island of entitled " An Ai:t U> 
 
 prevent masters of vessels from carrying debtors or tliuir elfects from 
 ofl'this islauii, and (rom leaving their seamen oi; .>liore; to oOlige per- 
 sona intending to leave the island, to give security or publish tlicii' 
 names In the Secretary's Ulllce, and to empower Justices of the I'eaue 
 to determine disputes between masters and seamon ;" and ti) which 
 Act, within three years from and after the passiii'^ thereof, the con- 
 tlrmatiou of His late Majesty King <ieory;e the 1 bird was obtained, 
 pursuant to Uls said Majesty s order in (' )uncil, dated the day 
 
 of it Is In the and sections or clauses tlioreo-' 
 
 enacted and ordained, in the words or to the eilect folloyving, viz- — 
 " That on complaint being made to any Justice of the Peace of this 
 islaud, by the mast.er of any vessel, Ui it any of hi-' scuikmi or cniiv 
 
F01{M3. 
 
 79 
 
 hath (JescrtC'tl orlcltliis vessel without leave of such master, orlisivinj; 
 come oil sliore with leave or on duty and refusol to return on board, 
 sach J.isiice ol'the Peace is hert-by antliorizod and reqnlrod to Issue his 
 warrant, dlre(;tod to any constable, to apprehend sucii seaman having 
 deserted or refused to return on board ihe v<-ssel to whicli lie belon;rs, 
 and to brin<» him before such Justice at such lime and place as he shall 
 in the said warrant appoint, to shew cause for such his behaviour: 
 and the said Justice is hereby authorized to inciuire into and delerminti 
 the diffcrt lice, if any there may be, l)etva'en the master and seaman, 
 and to or()tr tlie seaunin to return on board his said vessel, and in 
 case of refusal, to commit such seaman to the common jail, tliere to 
 remain until lie consents to return on b^ard, or until the vessel is 
 ready to sail from this island; when, on the ai plication of the master 
 to any Justice of the Peace, the saiil seaman is to !)e released aiul de- 
 Hvered to such master, he the suid master payinii all lawful fees and 
 expenses incurred, who is thereby authorized to charfje the saiim 
 aiiainst the wa<ies due and to become due to such >eaman, or so nmck 
 thereof as the Justice before whom the seaman was orii?iiialIy carried 
 :hall direct. 'Ihat if any s'-aujaii, not belonjiing to or usually residing 
 in this island, shall be found on shore durin:; the time the vessel to 
 which he belongs remains in any of thfi roads or i»ays of this island, 
 and the master of such vessel shall lefuse to take him on board, on 
 proof thereof being made on oatli before one Justice of the Peace of 
 this island, such Justiee is Iiereliy auiliorized to direct a constable to 
 put thfi said seaman on l)oard ot the vessel at the expense of the 
 master tiiereof; and If such seaman shall be sent on shore again and 
 remain on shore after the departure of the vessel from this ishind, the 
 bond entered into by the master and his suret.es is hereby declared to 
 be forfeited." And the party proponent doth allege and propound the 
 said Act to be a public Act; and that the bond therein alluded to as 
 afore><aid is a bond requited, in virtue of the said Act, to be entered 
 into by all masters of ves»;el« that arrive at the said island before clear- 
 ing out of their vessels, with twti sullkient sureties, one of whom 
 must be a freeholder iu the said island, by vvhich they become bouud 
 to His Majesty, his Ik Irs, and succe^sors, iu a penalty of sterling, 
 
 conditioned amongst other things, that provisions be made for sailors 
 or other persons brought in such vessels to the said island, that they 
 do not become chargeable to the ptitilic of th<' island, or be found desti- 
 tute of support or bv;gging therein, wi'hin calendar months after 
 the departure of the s.'Td vessel ; and that such bond was acv;ordiugly 
 entered into by the saia with two sureli-e', shortly after his 
 arrival at the said island ; 'ind this was and is true, public and notori- 
 ous, and the party propouei t doth allege and propound as before. 
 
 That in consequence of the retusalof the said to return and 
 
 do his duty on board the said ship, as pleaded in the sixth article of 
 this allegation, he was kept in custody in the said jail until the 
 day ot following, when the said ship being about to leave the 
 
 said Island, the said was, by order of the said Justice, and iu 
 
 obedivnce to the laws in force in the said inland, put on board the said 
 sh'p. the said having tirst paid the sum ot for Jail fee. 
 
 ior the Maid demanded ol him also, in obedience to the said 
 
 laws ; and the said ship then shortly altervvards proceeded on her return 
 voyage to where she arrived on or about the day ot 
 
 last, with the said on board ; that the said 
 
 did not at any time alter he was so released from prison, and during 
 the said homeward voyage do any duty whatever on board the .-aid 
 ship ; and l his was and is true, public and notorious, and the party 
 proponent doih allege and propound as before. 
 
mrinniimnrmnniiiiiiiwi m n 
 
 80 
 
 FORMS. 
 
 i; 
 
 That In consequence of the evil example of the said in behav- 
 
 \v}i hiraself in the insubordinate and disorderly manner herein-before 
 set I'orth, and two others of the crew of the said 
 
 ship nho had also had permission logo on shore on tlie said 
 
 day of on condition that thoy returned thereto the same 
 
 evening, were induced to desert from the said ship ; and at tlic siime 
 time the said was taken before tlie aforesaid Justici.' of the 
 
 Peace on the day of tlie said luoulh cf the said 
 
 and haviu;* bt-on found iti Ids company at the said were 
 
 tlien also taken heton; the said Justice : that the said upon 
 
 expressing sorrow lor his conduct, and promisiui: to return to his 
 duty, was immediately dlsciiargcd out of custody, ami W'ut on board 
 the said ship ; thsit tip; said having refused to reiurn tiicrcto, 
 
 was committed to jail, and f>)r some time after vvard-i a;, tlie insiijratinn 
 of the said roluscd to return to his duty, but at loiigth aun eJ 
 
 to do so, and was thereupon rcleasea (roru cojitiuuiuent ami ivlnnuMi to 
 the said ship; and lliis was and is true, pul)lic an! noluiiuus. itiiU ilie 
 party proponent dutli allege and propound as belore. 
 
 That ill part sup{)ly of proof of tlie premises in the siiUi aud scveuLh 
 articles of this allcgrition pleaded and sec forth, and to all other intents 
 and purposes in the law wliatsoever, thsi ptirty prop ini-nt duuh exhibit 
 and hereto annex, and pniys to be hoiv read and inserted, and riikenas 
 part and parcel hereof, two paper 'Vritin;:s m^rk d No. 1 and No. 2, 
 and doth allege and i)roj>ound the .<iiid p!i[>ur writing or exl.ibit. No. 1, 
 to be and contain a certifici'te under the baud and seal of tlie aforesaid 
 Esquire, one ol His M;ije*;ty's Justices of the Peace for the 
 island of lawfully appointed, as to tlie proceedings liad before 
 
 him ao[aiiist the said sind by reason ot their iinpro- ' 
 
 coiiduet and desertion from the said sliip as mentioned am 
 
 forth in the preceding articles oi this allegation ; and the said paper 
 writing or eshtbifc, marked N». 2, to be and contain a true copy of the 
 aflidavits of the said the master of the said ship and of 
 
 the mate of the said ship, in tiie said exhibit,, marked No. 1, 
 mentioned and referred to ; tliat all and singular the couteuts of the 
 said exhibits were and are true ; that all things wer(! so had and done 
 as therein contained, and that mentioned in ilie said exhibits 
 
 respectively, and the party in this cause, was and is one and tlie 
 
 same person, and not divers ; and that and mentioned 
 
 in the said exhibits re.-pectively, and the master, and 
 
 the mate of the said ship wore and are the .same persons, and 
 
 not divers ; and this was and is true, public and notorious, and the 
 party proponent doth allcije and propound as before. 
 
 Whereas, in the rtrst article of the summary petitiiiu given in and 
 admitted in this cause on the part and beiialf ol it is amotigst 
 
 other things alleged and pleaded in the words or to the effect following, 
 to sviL: — " Tliat on the dayol the month of following, ti o 
 
 said came to the prison in •.vliich the said vva.-- confined, 
 
 and, in a very weak state in whieli he th(;n wis, hiid him taken on Itoarti 
 the saiil .«hip, but prohibited him from doing any duty on board during 
 the whole of liie return voyage, iidoraiing biai tliat if he attempted to 
 do any duty during any part ol the return voyajL'e, he the said 
 would blow his brains out, and for wnici". purpose he kept his pistols 
 always loaded; and the said not having bee--) during ;uiy part 
 
 of the return voyage, permitted (althoiig'.i perfectly wiDing) to do any 
 duty in his powei, but constantly threatened with p' .sonul violence by 
 the said during the whole of that period, wa^ en th^ 
 
 day of the said month of duly discharged from tlie service of 
 
 the said ship; that during all the time the said was on board 
 
 .; t- 
 

 FORMS. 
 
 81 
 
 \ 
 
 tbe said ship or vessel when permitted by the said he did \Tell 
 
 and truly perform his duty as a seaman, and was always obedient to 
 all thelawfuf commands of the said the master, and others his 
 
 superior officers, and well deserved the wages schedulate." Now the 
 same Is therein most falsely and untruly alleged and pleaded, for the 
 truth and fact was and Is, and the party proponent doth expressly 
 allepe and propound, that dnring the outward voyage the said 
 on divers occasions and without cause, conducted himself in a quar- 
 relsome, elisobedieut, mutinous, violent, and insubord'.nate manner; 
 and he did so more particularly on the occasions in several of the pre- 
 ceding articles of this allegation set forth and pleaded; and lie did not 
 obey, but frequently disobeyed or neglected to perform the orders and 
 directious he liad received from Uie said the master, and others 
 
 his superior otticers, and at length, without leave from the said master 
 or ofUcers, absented himself and deserted from the said ship, as 
 hereiu-before pleaded. That the said did not, upon i lie said 
 
 being again brouu'lit on board the said ship when she was 
 about to sail on her return voyage, nor at any other time during the 
 same, prohibit him from doing any duty; and lie was not proiiibited 
 or prevented by the said nor l)y any of the other odicers of the 
 
 said ship, in any way whatever, froiu doing any duty on board tliereof 
 during llie homeward voyag ; and was never threatened witiipersoiial 
 violence by tlie said if he diil any duty ; and liie said 
 
 did not threaten to blow out his the said brains, fiid did not 
 
 keep his pistois loaded for such purpose. And the party proponent 
 (loth further allege and propound, that the said was not at any 
 
 time required or directed by tlie said the master, or by any 
 
 other of the ollicers ot the ship, to do any duty on board thereof during 
 her said ri'turu voyage by reason that they considered him as not 
 belonging thereto; and this was and is true, public and notorious, and 
 the parl,y proponent dotli alleg-j and propound as before. 
 That ail and singular the premises were and are true. 
 
 [7b be signed by Counsel-I 
 
 No. 2S [104]. 
 
 -FOIiM of ALLECtATION' or lifisnonsive Plea in a Cause of Subtraction 
 of WtKjes pleading the Offence of Siniiggling, d:c. 
 
 In the Vice-Admiralty Court of 
 
 [Insert names of Ship and Master.] 
 On tlie day of in the name and as the lawful 
 
 Vroctor of of the sole owner of the said ship 
 
 or vessel called the and under that, denomination, and l)y 
 
 all better and more effectual ways, means, and niethods that 
 niay be most beiieticial for his said party, sayed, alleged, and in 
 law articulately propouiKled as follows, to wit: — 
 That some time in the mouth of last the master of 
 
 tlie said ship or vessel then lying in and designed on a 
 
 voyage frum the port of to and bacl<, engaged and 
 
 hired ihe otlier party in this cause, to serve as a mariner on 
 
 l)oard the said ship duripy: her tlidu iiitcinlud voyag(!; that shortly 
 afterwtu'ds llie ^said was called into liic c;il)iii lor the purpose 
 
 of signing tlie ship's articles or mariner's contriiet; that previously 
 tliereto he was cautioned ag:'.in8tsmugg'i;:<g or taking on board contra- 
 band goods, ;icd that in tin; event of his so doiii^; his wages Avould be 
 f.jrfeitcil ; and tr>e notice auvl atteniionof the said was particu- 
 
 
 
r 
 
 82 
 
 FORMS. 
 
 larly called to the latter part of the said articles, iu which two clauses 
 are inserted relating to a forfeiture of wages in the event oi' any c)n- 
 trnband or prohibited goods being found in the forecastle of the said 
 ship by the oHicers of the customs ; that the said two clauses were 
 respecUvely read over and explained to the said and to nhlch 
 
 he agreed ; and iu testimony of such his agreement and approval of 
 the said articles and contract the said set and subscribed his 
 
 name thereto, as now appears thereon, iu the presence of the 
 
 chief mate of the said ship, whose name appears thereon as an iiltest- 
 ing witness tliereto ; that at the time the said so signed the 
 
 said ship's articles he fully understood and knew the contents thereof; 
 and tliat by the said subscribing his name thereto hu cove- 
 
 nanted to perform and fulfil the various obligations contained iti such 
 ship's articles, and subjected himself to the penalties attendant there- 
 on; au'l thici was and is true, public and notorious, and so raucli the 
 said the other party in this cause doth know or hath heard and 
 
 in his conscience believes, and bath confessed to be true; and the 
 party proponent doth allege and propound of any other thue, place, 
 person, or thing, as shall appear from the proofs to be mads iu this 
 cause, aud every thing in this and the subsequent articles ol thia alle- 
 gation contained jointly and severally. 
 
 That in part supply of proof of the premises In the next preceding 
 article mentioned, and to all other luteuts and purposes Iu the law 
 whatsover, the party proponent doth exhibit, aud prays to be here 
 read aud inserted, and taken as par. aud ,)arcel her of, the ;)aper 
 hereto annexed, marked No. I; and doth ai) ge and propound the 
 same to be the original ship's articles or mariner's contract, sigued by 
 the said as in the preceding article is pleaded ; and that the 
 
 names " " set and subscribed thereto, were and are of the 
 
 proper handwriting and subscription of the said aud this was 
 
 and Is true, public and notorious, aud the party proponent doth allege 
 aud propound as before. 
 
 That shortly after the signing of tlie said ship's articles or mariner's 
 contract, as in the first article of this allegation Is pleaded, the said 
 ship proceeded to and arrived at and afterwards sailed on her 
 
 return voyage to the port of where she arrived on 
 
 the day of the present month of and she was then 
 
 moored alongside and on that, as on the following day, the 
 
 attention of one of the custom-house officers was attracted and his 
 suspicions excited by the frequency of the crew going from and to the 
 said ship, which induced him to suspect that some of the crew were 
 conveying contraband goods therefrom ; and he accordingly mentioned 
 the circumstance to a surveyor of the customs, who iu the afternooa 
 of went on board the said vessel accompanied by 
 
 a custom-house officer, aud on the said and so going 
 
 on board they proceeded to search the said vessel, and in the fore- 
 castle thereof, being that part of the said ship appropriated to the said 
 
 aud the other mariners of the said vessel, the said 
 and found parcels of tobacco beyond the quantity allowed 
 
 I'or sea stock, each parcel containing pounds' weight, and being 
 
 contraband or prohibited goods, aud which the said and 
 
 seized as such, and thereupon <lL'tained the said vessel; and the 
 party proponent doth further allege aud propound that a considerable 
 quautity of the tobacco, so found and seized in the forecastle of the 
 said ship beyond the quantity allowed for sea stock, belonged to the 
 said the other party in this cause, and that the said tobacco 
 
 could not have been so placed there without the knowledge or privity 
 of the said and was so placed with tha Intention of all or some 
 
 ■ 
 
 I 
 
 4 
 
 
FORMS. 
 
 83 
 
 II 
 
 m 
 
 part thereof belug clandestinely conveyed or smuggled on shore by 
 him ; and this was and is true, public and notorious, and the party 
 proponent doth allege and propound as before. 
 
 That the said the other party In this cause, when on shore, 
 
 lodged at the house of a person of the name of situated at 
 
 and that on his the said returning to his lodgings from 
 
 the said ship, on the eveulug of the day of the present 
 
 month of the said declared to the said with 
 
 whom he so lodged, that he had lauded one lot of contraband goods 
 Irom the said vessel, and that there were twenty-five parcels of tobacco 
 left behind; and that he had gone back for another lot or freight, 
 tliereby meaning and Intending some more contraband goods, for the 
 purpose of landing the same, when he heard the custom-house officers 
 coming; and that he expected to be in trouble In the morning, or 
 words to that or the like effect ; and this was and is true, public and 
 notorious, and the party proponent doth allege and propound as 
 before. 
 
 That all and singular the premises were and are true. 
 
 [To be siyned by Cotmscl.l 
 
 No. 29 [105]. 
 
 FOBM of ALLEGATION or Eesponsive Plea, on the part of a 3Iariner 
 ill a Cause of Subtraction of Wages. 
 
 In the Vice-Admiralty Court of 
 
 [Lisert names of Ship and Master.^ 
 On the day of In the name and as the lawful 
 
 I'roctor of late a seaman on board the said ship calleil 
 
 the and under that deQona.i*ation, and by all better and 
 
 more effectual ways, means auol methods in the law whatsoever, 
 which may be most beneflci*.! Tor his sai<i p*rty, sa5'e<l, alleged, 
 and in law articulately propounded us follows, to wit . — 
 Whereas, in the second posit x^n or article of a certain allegation 
 given in and admitted In this cause, on the part and behalf of the said 
 the master and owner of the said ship, it is among other 
 things alleged and pleaded in the words or to the effect following, (to 
 wit)—" That shortly after the said ship sailed from 
 
 and on many occasions during her aforesaid voyage, as herein-after 
 pleaded, the said behaved and conducted himself in a dis- 
 
 obedient and Insolent manner, contrary to the good order and disci- 
 pline necessary to be observed by seamen on board merchant vessels, 
 and tending to produce insubordination in the rest of the crew. And 
 the party proponent doth further allege and propound, that on or 
 about the day of the said month ot whilst the said ship 
 
 was coming U> an anchor at tlie suid who was employed 
 
 in paying out the cable l#y which the sa'd ship was to bo brought up, 
 without iiny;ust or necessary causu quitted such his employment, and 
 upon tJeiug found fault with and reproved for so doiug by the said 
 the master, conducted aud ijehaved himself in a most in oleu!; 
 manner towards the said and said he would be damned if he 
 
 would do any duty that he did not think proper or approve of, and 
 that he n'ould not be controlled by the captain in what he sh(nild do, 
 as he was not on board a damned man-of-war; and used othet expres- 
 sions to that or the like effect, and by such his conduct and behaviour 
 tended to produce disorder, insubordination aud mutiny amongst the 
 rest of the crew of the said ship." Now the s;une is therein most- 
 
 ..J 
 
1 
 
 84 
 
 FORMS. 
 
 falsely and untruly alleged and pleaded, for the truth and fact was an(f 
 is, and the party proponent doth expressly allege and propound, that 
 at the time the snld and the rest of his shipmates signed articles 
 
 at for the performance of the voyage to the Island of 
 
 upon which the said ship was then bound, the rate of wages thengiveu 
 to mariners In the port of for such voyages was per 
 
 month. That the said the master and owner endeavoured to 
 
 persuiule the said to sign articles for per mouth, which 
 
 the said positively refused to do, stating, that rather than da 
 
 so he would not proceed on the voyage. That the rest ot the crew 
 then also refused to sign articles for less than pei month ; and 
 
 the said the master, being unable to procure other mariners at 
 
 a lower rate of wages, was ultimately compelled to agree to pay to the 
 said and the rest of his crew, the sum of per month; and. 
 
 the party proponent doth further allege and propound, that in conse- 
 quence of what has been by him allegi-d, the said was much 
 irritated against the said and, in conjunction with 
 the chief mate of the said vessel, took every opportunity, during the 
 said voyage, of making the said uncomfortable, and upon tlie 
 most frivolous occasions, and without any just cause, fouud fault with, 
 swore at, and abused the said and the party proponent doth 
 allege and propound, that upon the occasion of the said ship coming- 
 to an anchor at on or about the day of the said 
 
 upon being found fault with and reproved by the said 
 did not conduct and behave himself in a most insolent manner towards 
 the HMJ.l or say he wonUI be damned if lie would do any duty 
 
 \\u\l In* (lid not think proper or approve of, and that he would not bo- 
 controlled by till! ciiptain in what lie should do. as ho was not on board 
 n tlaiiuied uiini-of-war, or use other expnvsslons to that or the like 
 ell'uct, or by sueli his coiidiH't and behaviour tend to produce disorder 
 and iiiHiibordliiation and in ii liny amongst t lie rest of (Ik- cruw of the said 
 Hhlji) but, on the contriicy, lliiil ni llio time of paying out tlioCMblo, by 
 \vIir:Ii the said ship was to be biouMht In an anchor, there weto so niiiny 
 t lie crew eiiiploud in the said duly as to be in uac}i othctr's way; and 
 it being i\ear l)reakt'Ust time, IIk* (*ald (jltltted tlin said (iiiblsy 
 
 and went to put the pot on the lire for making broaKlast; that as tlie 
 said was procecdiug so to do, he was met by the said 
 
 the master, wlio, immediately putting himself into u violent passion, 
 asked tlie said wliat Imsiiiuss he had to leave the cable? that 
 
 upon the said informing him that there were so many of the 
 
 men employed III liiiit duty as to be in each oUkt's way, and that he 
 was Iherel'ore proceeding to put tlie pot on for breakfast, the said 
 replied, " Damn you and your pot too, you damned infernal 
 rascal, go to your work again instantly," and used many other abusive 
 and opprobrious epithets to that or the like effect; and the party pro- 
 ponent doth expressly allege and propound, that the said 
 without making any further re[)ly, returned to his work; and upon 
 that, and also upon every other occasion during the voyusje, behaved 
 himself in a proper and oijedlcnt manner; anci this was and is true, 
 public and noto.ious, and so iiuicli the; said doth know and in 
 
 his conscience believes to be true; and the party proponent doth 
 allege and propound of any other time, place, person or thing, as shall 
 appear from the proofs to be made in this cause, and every thing in 
 this ami the subsequent articles containeU, jointly and severally. 
 
 Whcireas, in tlie third position or nriicle of the said allegation, it is 
 amongst otlier things alleged aiul pleaded in the wortls or to the eflect 
 following, (to wit)— "That on or about the day of 
 
 whilst the said and the rest of the crew of the said ship were 
 
 I 
 
FORMS. 
 
 85 
 
 :at dinner, he the said took up a piece of beef, and in a most 
 
 Insolent manner aslced the said the muster, if that was provi- 
 
 sion fit for him to eat, and at such time swore at tlie said and 
 
 otherwise conducted himself in a most insubordinate manner, tending 
 to produce discontent among the crew of the said sliip ; uud tlie party 
 proponent doth further allege and propound that the said l)eef was of 
 excellet.t quality, and that the rest of the crew declared that the pro- 
 Tisions on board the said ship were of the best quality, and that they 
 were perfectly sutistled tlierewilh." Now the same is therein most 
 falsely and untruly alleged and pleaded, for the truth and fact was and 
 is, and the party proponent doth expressly allege aud propound, that 
 it is customary when at sea to serve out to every mariner a certain 
 •quantity of peas or flour together with tlie salt beef; that upon vari- 
 ous occasions during the said voyage the steward of ths said ship 
 only served out to the said aud two or three others of his ship- 
 
 mates salt beef and biscuit, whilst the rest of the said ship's company 
 baud the usual allowance of peas and flour; that at the times the 
 •steward did not serve out the peas aud flour to tlie said and 
 
 his two or three other shipmates, he stated to them that he acted by 
 the captain's orders ; aud the party proponent doth expressly allege 
 and propound, that upon oue of the said occasions the said 
 took a pi'jce of beef to the said aud humbly compluiucd of the 
 
 -deprivation he suit'ered, aud requested the master to authorize the 
 ■steward to issue to hln? the customary allowance; that thereupon the 
 -said flew into a violent passion, called the said 
 
 41 damned rascal and a villain, and ordered him to go about bis busi- 
 ness, and used many other abusive epltliets to the said to that 
 or the like eflect; that thereupou the said without making any 
 reply at all, left the said aud Instead of swearing at the said 
 aud conducting himself In a most insubordinate manner, as 
 falsely and untruly alleged aud pleaded in the said article, ho the said 
 behaved himself in a most orderly and obedient manner to the 
 said the master ; aud this was aud is true, public and notorious, 
 and the party propouent doth allege aud propound as before. 
 
 Whereas. In the fourth position or article of the said allegation, it is 
 amongst other things alleged aud pleaded in the words or to the cScct 
 foUowiug, (to wit)—" That on or about the day of 
 
 last, when the said ship was close off the island of 
 
 •durlnK a violent sf/uall. the said refused or neglected to do his 
 
 duty in ciontt reeflug the topsails, which he had been directeu to do by 
 th* yald maitt^r, or by one of the ottlcers of the said ship, and which he 
 was «<r«ll abk fv do; that the said upon being remonstrated 
 
 with for #uch M« neglect or refusal to do his duty, behaved in a most 
 insolent »h(>4 lfH»«<>ordiBate manner, and caused great confusion on 
 l>oard the sak) »tiip, the safety of which was much endangered by such 
 hi» conduct." JTow ihe »af«« is therein most falsely and untruly 
 Alkged and plea<kd, for t4« tr»tb and fact was aud is, aud the party 
 |>ro|>^06ut doth exffA^y allege aud propound, thst on the occasion of 
 the aikd iWp iAmiag «iog^ off as pleaded in the said 
 
 Article, tb« /»aid wa« la bis proper station forward ; that the 
 
 «aid the master, CAik'^J out »«veral Mines to the people belong- 
 
 ing aft to cooMi to their tsiftnloa to haul down the trysail ; that the 
 men whose duty it was, not <>otning quickly enough, the said 
 ■aeelug the necessity, quitted hi* station to go aft; that upon coming 
 Att the said the tuaiiter, j<nm«diately naid, " You damn rascal, 
 
 you have been skulking iu the gallty ;'* and upon the said 
 ■denying the tiaant, which denial uue uf his .shipmates instantly 
 
 •corroborated to tjie Oiitd master, b the suUI miMter still continued to 
 
86 
 
 FORMS. 
 
 I' 
 
 
 
 abuse the said called him " a damned lying rascal," and shaking 
 
 his fist at him said, " Walt until I yet you under the cliffs of 
 and I'll work you up for this;" and upon the said replylag, 
 
 " Sir, as it appears you cannot let rae be quiet In the ship, I shall be 
 obliged to you to give me my discharge when we get In the said 
 
 ." The master rejoined again, nhaklng his tlst at him, " No, 
 you damned rascal, I'll work the fifty shillings out of you first." And 
 the party proponent doth further allege and propound that the said 
 upon the occasion articulate, performeil his duty as a good 
 seaman on board the said ship, and was obedient to all the lawful com- 
 mands if the said the master, and did not behnve either in an 
 insolent or Insubordinate manner to the said nia««ter, or to any of his 
 superior ofllcers, neither did he refuse or neglect to do his duty in 
 close reefing the topsails, nor was there any confusion caused by him 
 on bonrd the said ship, nor was the said ship in any manner endan- 
 gered by any conduct ot his ; aiui this was and is true, public and 
 notorious, and the party propon"nt doth allege and propound as 
 before. 
 
 Whereas, Jn the fifth position or urticle of the said allegation, it la 
 
 amongst other things alleged and pleaded In the words or to the effect 
 
 following, (to wi^) — " That on or about the day of the said 
 
 month of last, the said of his own will and without 
 
 applying for or having obtained the consent or permission of the 
 
 master or of any person having authority to give the same, went on 
 
 8hore at In the said in a boat then in charge of the 
 
 second mate of the said nhip, and on being afterwards required by the 
 
 said second mate to return on board the said ship and to do his duty, 
 
 he refused to do so, and behaved and conducted himself towards the 
 
 said second mate in a most Insolent manner, to the evil example of the 
 
 rest of the crew of the said ship." Now the same is therein falsely 
 
 and untruly alleged and pleaded, for the irath and fact was and is, and 
 
 the party proponent doth allege and propound, that on the 
 
 day of the month of last pleaded in the said article, the said 
 
 and others of his shipmates went on shore at on the 
 
 ship's duty to land empty casks; that after having landed and rolled 
 
 all the empty casks to the warehouse, and whilst waiting for more 
 
 casks to arrive from the ship, the said being very thirsty went 
 
 to a water-pipe a few hundred yards off to obtain a draft of water; 
 
 that having obtained the same, he instantly returned to his shipmates ; 
 
 that on joining his shipmates he was accosted by the second mate of 
 
 the said ship as to where he had been, and upon informing him that 
 
 he had only been to obtain a drink of water, the said second mate 
 
 swore at and abused the said for having gone without having 
 
 first s^sked his permission. And the party proponent doth expressly 
 
 allege that the said did not refuse to return on board of the 
 
 said ship, or to do his duty, or behave and conduct himself towards 
 
 the said second mate in a most Insolent manner, to the evil example of 
 
 the rest of the crew of the said ship; on the contrary, when the said 
 
 duty was performed, the said returned with his shipmates on 
 
 board the said ship ; and this was and is true, public atid notorious, 
 
 and the party proponent doth allege and propound as before. 
 
 Whereas, in the sixth position or article of the said allegation, it is 
 amongst other things alleged and pleaded in the words or to the effect 
 following, (to wit)—" That on the day of the said month of 
 
 the said was permitted by the chief mate of the said ship 
 
 to go on shore on the said on condition that he should ret q 
 
 on board thereof in the evening of the said day at sun-set; that me 
 said did not return on board the said ship in the evening of the 
 
 I 
 1 
 
 itj- 
 
FORMS. 
 
 87 
 
 8aid (Iny a.H Ue bad promised to do, but without any junt ciuiHe or occa- 
 ■ion alisonied himsflf from his duty, and dcHcrted tberofroni. And the 
 party proponent dotli iillcge and propo'ind that in consequence of the 
 said having been guilty of the variuus actn of insubordination 
 
 herein-beloro mentioned, and bavin :; so deserted from his duty on 
 board the said sh^p anti not having returned thereto, tlio said 
 
 the mastrr, and tiie mute of the said Hhip, on the next 
 
 day, to wit, tlie day of the said month of attended on 
 
 one of liJH Majesty's Justices of tlie Peace, duly nppointcci and 
 acting in and for th* ^aid and made complaint en oath of sucii 
 
 the conduct and desertion of the said Wiieroupon the said 
 
 caused tlie said to be apprehended about 
 
 o'clock at of the suid day at the about miles from 
 
 the said ship, where he had been, and was then staying, to be bi(>u.;ht 
 before hlui; i he said was then called upon by 'iie said Ju^iiee 
 
 to state the reason for his said conduct, when he declared in a most 
 insolent manner that he acitnowiedsred no authority over Idin, and 
 that he slu-uid give no answer to the questions puttoiiim; tliat In 
 consi (|uehce of the said so refusing to account fur ins said 
 
 conduct, and to return ou ooard the said t>hip, he was committed by 
 the sail! to tiio common jail in the said where he 
 
 remained from tiie said day of until the day of 
 
 following, when he wos again brought before the said Justice of the 
 Peace, and required by liini to return to his duty on board the said 
 ship, but he still refused to do ao, and was thereupon remanded to the 
 said jail." Now the same is for the most part falsely and untruly 
 alleged and pleaded, for the truth and fact was and is, and the party 
 proponent doth allege and propound, that the said did not 
 
 desart from the said ship, though lie did not return on the evening of 
 the said diy, but was about to uo soon when arrested. That at 
 
 the time tin; s.iiU and his two shipmates were Ilrst talien before 
 
 the said a Justice of the Peace in the (to wit) on 
 
 the day of the said the master, accompanied 
 
 them to the olHce of the said magistrate, and upon the wa> tliitherthe 
 said the master, addressing tiie said .««aid, " Now, 
 
 you damn rascal, I'll work you up for it." Tliat upon being brought 
 before tliC said magistrate several cliarges were read against i lie said 
 and his two shipmates; that upon the said calling 
 
 upon the said to state what be had to say why he should not; 
 
 be committed to prison, he the said humbly but strenuously 
 
 submitted that lie bad not been guilty of anv misconduct, nor was he 
 amenable to the laws of the said island, but contended he had a 
 right to return on board his said .;liip, adding that, upon his return to 
 
 if he had been guilty of any improper conducr, the s:;id 
 the master, had it in his power to make the usual deductions 
 from hia wages. That the said thereupon, at the instance of 
 
 the said notwithstanding the entreaties of the said 
 
 and to permit them to return on board the vessel, committed 
 
 them both to prison, where they were treated la the most Inhuman 
 manner, and shortly afterwards, in consequence of the conflaement 
 and the treatment they there received, they tool: the fever of the 
 coun' ■ and nearly lost their lives. That on or o'jout the day 
 
 of the month of following, the said and were 
 
 again t ought before the said at the lustanoe of the said 
 
 ine master, and were then asked by the said magistrate whether 
 they would acknowledge the charges which had been made against 
 them by the said master; that thereupon the said refused to 
 
 acknowledge the truth of the sala charges, and again protested 
 
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 88 
 
 FORMS. 
 
 against the right of tlie said magistrate to act towards liimself and his 
 shipmate as he had already doue, and claimed his right to return on 
 board h\i ship, adding that upon his return to he wouid seek 
 
 redress for his false imprisonment against the said tlie noaster ; 
 
 that thereupon the said who was present, sliooi< his flat at 
 
 him the said called him a damned rascal, and tmUl if it was iu 
 
 his power he should never again go on l)oard tlie saiil -ship 
 and the said then aualn, at the instance of th« said master, 
 
 remanded the said and hisshipinate back again to prison, they 
 
 the said and still prott'Htiug uml claiming their 
 
 right to return on board the said sldp. That the said 
 
 then 
 
 following, when 
 
 he 
 
 conUnued in prison until the day of 
 
 was taken out and sent on board the said sh'p; that during the whole 
 time the paid wus in prison as aforesaid, he was several times 
 
 visited by his shipmates, to whom the said consiantly stated 
 
 ttie manner in which he had been refused to return to the said ship, 
 and expressed l<:s anxiety to return ob board the said ship, and his 
 determination to seek redress upon his arrival iu for the 
 
 unjust treatment he had received ; and the party proponent doth further 
 allege and propound that the said never declared to the said 
 
 the magistrate, iu a most insolent manner that he ackuow- 
 ledged no authority over him in or that he should give no 
 
 answer to the questions put to him, neither was he, upon either of the 
 saiu occasions of his being taken before thesuid magistrate, requested 
 to return on boaid his said vessel, but on the contrary, was positively 
 refused permission so to do: and this was and is triTe, public and 
 notorious, and the party proponent doth allege and propound as 
 before. 
 
 VVhereas, in the eighth position or article of the said allegation, it is 
 amongst other things pleaded in the words or to the effect following, 
 to wit : *' That In consequence of the refusal of the said to 
 
 return and do his duty on board the said ship, as pleaded in the sixth 
 article of this allcgntion, he was kept iu custody in the said jail until 
 the day of following, when the said ship being about to 
 
 leave the said the said v;as by order of the said Justice, 
 
 and in obedience to the laws In force iu the said island, put on boai-d 
 the said ship, the said having firsr paid the sum of for 
 
 jail fees, for the said demanded in obedience to the said laws." 
 
 And whereas, In the n>nth position or article of the said allegation, it 
 is amongst other things pleaded Id the words or to the effect follow- 
 ing, to wit: "That in consequence of the evil example of the said 
 
 in behaving himself Iu the insubordinate and disorderly manner 
 herein-before set forili and two others of the crew of 
 
 the said ship who had also had permission to go on sbo''e on 
 
 the said day of on condition that they returned thereto 
 
 on the same day, were induced to desert from the said ship, and at the 
 time the said was tah^u before the aforesaid Justice of the 
 
 Peace on the day of the said uion'h of the said 
 
 and having been found In company at the said were 
 
 th^n also taken before the said Justice; that the said upon 
 
 expressing sorrow for his conduct, and promising to return to his 
 duty, was immediately discharged out of custody, and went on board 
 the said ship; that the said having refused to return thereto, 
 
 was committed to jail, and for son^e time afterwards, at the iustiga- 
 tioD of the said refused to return to bi& duty, but at length 
 
 •greed to do so, and was thereupon released from conUuement, and 
 returuv^d to the said ship." And whereas, in the eleventh position or 
 article of the said allegation, it is alleged and pleaded iu the words or to 
 
FORMS. 
 
 8a 
 
 the effect following, to wit : " That during the outward voyage the said 
 on divers occasions, and without cause, conducted 1 imself 
 In a quarrelsome, disobedient, mutinous, violent, and insubordinate 
 manner, and he did so more particularly on tlic occasions in several of 
 the preceding articlec ot this allegation set forth and pleaded, and he 
 did not obey, but frequently disobeyed and neglected to perform the 
 orde/j and directions he had received from the said the 
 
 master, and others his si'oerlor ofticers, and at length, without leave 
 from the said master or ottictvs, absented himself and deserted from 
 the said ship, us hereln-before pleaded. That the said did not 
 
 upon the said being again brought on board the said ship 
 
 wiieu she was about to sail on her return voynge, nor at any other 
 time during thii same, prohibit him from doing any duty, and he was 
 not prohibited or prevented l>y tlie said nor by any of the 
 
 other offlcers of the said siiip, in any way whatsoever from doing any 
 duty on board thereof during the homeward voyage, and was never 
 threatened with personal violence by the said if he did any 
 
 duty, and the said did not threaten to blow out his the said 
 
 brains, and did not keep his pistols loaded for such purpose. 
 And the party proponent doth further allege and propound that the 
 said was not at any time required or directed by the said 
 
 the master, or by any other of the officers of the ship, to do 
 any duty on board thereof duHng her said return voyage, by reason 
 that they considered him as not belonging thereto." Now the same is 
 in the said three several recited positions or articles falsely and untruly 
 alleged and pleaded, for the truth and fact was and is, and the party 
 proponent doth allege and propound, that the said never 
 
 refused to return and do his duty on board th^ said ship, but on the 
 contrary, was anxious and willing, but was rciused permission so to 
 do as pleaded in the fifth article of this allegation. That the said 
 
 neither directly or indirectly, during any part of the said voyage, 
 by his example cfr otherwise, induced the said or any others 
 
 of bis shipmates to desert from the said ship, or subsequently to 
 remain in prison instead ot going on board the said siiip; on the con- 
 trary, the said was equally willing and anxious to return on 
 board the .said ship, as the said but was llicew'se continued 
 in prison at the instance of the said the master. And the 
 party proponent doth expressly allege and propound that the suid 
 
 from and after his having been taken out of prison anc put on 
 board the said ship again in order to return to still continued 
 
 willing to do any duty in his power on board the said ship, and to obey 
 all lawful commands of the said and bin other superior officers, 
 
 and so constantly expressed himself, but was prevented upon the return 
 voyage from doing any duty whatever on board the said ship entirely 
 through fear of his personal safety from the said the masi}er. 
 
 And this was and Is true, public and notorious, and the party propon* 
 ent doth allege and propound tts before. 
 That all and singular the premises were and are true 
 
 [ To be signed by Counnel.'] 
 
90 
 
 FORMS. 
 
 No. 30 [106]. 
 
 FOEM of ALLEGATION or Responsive Plea in a Cavse of Damage by 
 
 Collision. 
 
 In the Vice-Admiralty Court of 
 
 llnsert names of Ship and Master.'} 
 On the day of iu the name and as the lawful 
 
 Proctor of tlie sole owner of the said brig or vessel, 
 
 called the and under that denomination, and by all better 
 
 and more effectual ways, means and methods that may be most 
 beneflcial for his said party, sayed, alleged, and in law articu- 
 lately propounded as follows, to wit: — 
 That the said brig or vessel, called whereof the said 
 
 was master, of the burthen by admeasurement of tons, or there- 
 
 abouts, sailed from on the day of with a cargo of 
 
 bound therewith to to which port she belongs ; that on 
 
 the morning of the next day, to wit, about o'clock of tlie 
 the said brig arrived off head, at which time the wind blowing 
 
 fresh from the west-south-west, varying to south-west, [as thefaot? 
 mag be} prevented the said brig from weathering the said head ; that 
 about hulf-past five o'clocic in the evening of the said day, the said brig 
 was off about miles to the north-north-west of the said head, 
 
 and was lying to upon the larl)oard tacit with her head to the westward 
 towards the land, both her topsails being then a-back, and part of her 
 crew reefing them ; that the crew of the said brig then observed a 
 loaded schooner, to wit, the whereof was master, pass 
 
 to windward towards the north-west, and between the said brig and 
 the land ; that about a quarter of an hour afterwards, while the crew 
 of the said brig were setting the fore topsail, which was still a back, 
 the said schooner having wore in order to stand from the laud, came 
 suddenly towaixls the lee-bow of the said brig, whereupon the said 
 then on the main-deck, apprehending she would run foul of 
 the said brig, called to the mate of the said brig, who wts for- 
 
 ward, to hail the people on board the said schooner; that accordingly 
 he called out loudly, " Schooner, a-hoy, are you coming on board of 
 us?" to which the persons on board the said schooner only replied, 
 "What are you doing with the brig?" and the schooner at that instant 
 came in contact with and struck the upon her starboard bow, 
 
 whereby the said vessels became completely entangled, and the said 
 schooner turned the round before the wind, when both vessels, 
 
 driven by the wind and the force of an ebb tide, drifted to the north- 
 north-east towards rocks ; and the party proponent doth 
 expressly allege and propound, that atthe time when the said collision 
 took place the said schooner was not laid to with her bead to the 
 southward, and the foresail hauled close to the windward, with the 
 bow-line fastened to the foremast shroud, and the topsail a-back, with 
 the helm in tlie lee-becket, as falsely alleged in the first article of the 
 libel or allegation heretofore given in and admitted in this cause; and 
 this was and is true, public and notorious, and so much the said 
 
 the other party in this cause, doth know, or hath heard, and in 
 his conscience believes, and hath confessed to be true ; and the party 
 proponent doth allege and propound of any other time, place, person 
 or thing, as shall appear frcm ihe proofs to be made in this cause, and 
 every thing in this and the subsequent articles of this allegation, jointly 
 and severally. 
 
 That immediately after the said collision the master and crew of the 
 said schooner came on board tlie said brig, when the said master 
 strongly urged that the bowsprit of the said brig should be cut away ; 
 
FORMS. 
 
 dl 
 
 but upon the said representing that if such a measure were 
 
 adopted he would be wholly disabled from assisting the said schooner; 
 and upon his advising that the lanyards of the remaining shroud of the 
 said schooner should instead thereof be cut away, the same was 
 accordingly done ; that the crew of the said brig then curried out q 
 kedge anchor astern, and clewed up her topsails, by which means the 
 said brig was held fast, and the schooner contiuuing to drive, the said 
 vessels were separated; and the party proponent do^h further allege 
 and propound, that after the vessels were so disentangled, the said 
 schooner, with her helm in the weathor-becket, continued to drift out 
 to sea; and the said steered the said brig in pursuit of her 
 
 for upwards of a mile, when the said and his crew proceeded 
 
 in the jolly-boat of the said brig to the said schooner ; that before they 
 left the said brig the said distinctly informed the master and 
 
 crew o' the said schooner that he would take the said schooner in tow 
 to if they would bring proper ropes for that purpose, to 
 
 which they agreed ; and the said then laid his brig to uuder 
 
 the lee of the said schooner, in order to await the return of the said 
 boat, and receive the ropes and towing lines ; but wlien the schooner'* 
 crew returned to the brig they did not bring any ropes or lines that 
 could be serviceable in towing the said schooner; and the party pro- 
 ponent doth expressly allege and propound that the said 
 did not decline to take the said schooner in tow, alleging that they 
 were too far o?" the land, and he was afraid they could not fetch it, as- 
 falsely alleged in the third article of the aforesaid libel or allegation, 
 for the said schooner was at such time only about to the north- 
 
 east of liead, and about miles to the south east of the- 
 
 port of with the wind on the beam, which would speedily 
 
 have carried them to that port, and that the schooner's crow did not 
 at such time I'equest the said to take the said schooner in. 
 
 tow, but inquired of him whether they should not take a flshing-smack. 
 which was then a short distance from them, to tow the said schooner to- 
 
 and that the said replied, that they ought to make up- 
 
 their minds, as it was not a time to hesitate, for if the vessels were- 
 driven further from the land, he would be unable to tow them to 
 
 or any other port ; that the crew of the said schooner after some- 
 hesitation determined to employ the smack to take her to 
 obsarving, " that is the place for us," and thereupon immediately left, 
 the said brig in her boat, and proceeded towards the said smack ; anu; 
 this was and is true, public and notorious, and the party proponent 
 doth allege and propound as before. 
 
 That shortly after the schooner's crew first returned from the said', 
 brigtoth'^ir own vessel, as pleaded in the next preceding article, a 
 flshing-smack, named the whereof was master,, 
 
 came up and inquired whether the schooner wanted any assistance ^ 
 that the said was asked whether he would take her in tow to 
 
 to which he answered, " that he was ready to take the vessel 
 in tow," but did not say to what port, whereupon the crew of the- 
 schooner said they must first ask the captain of the brig (meaning 
 thereby the said brig then a short distance oflQ his advice or 
 
 opinion, whether they should employ the smack, or be towed by the 
 brig, and thereupon they returned in the jolly-boat to the said brig, as- 
 pleaded in the last preceding article, where they remained so long. that, 
 the said smack proceedud towards the brig, and the said 
 the master of the said smack, called to them to make haste, as the 
 schooner was driving from the land, and they would be unable to do 
 anything with her; that after an hur bad elapsed, the said men 
 belonging to the said schoauer, who bad as before pleaded gone oa 
 
FOBMS. 
 
 board the said brig, proceeded in the jolly-boat to the said smack, and 
 requested the said to take them in tow for that 
 
 the said consented to tow them, but did not say to what port 
 
 he Intended to go into the flrst he cculd make. That as the schooner 
 had no lines flt for towing, the mate of the smack and one of the crew 
 proceeded to the schooner with the 8mack*s lines, and made one end 
 thereof fast to her tow-line in order to get the same on board the 
 smnck, but which, after several attempts, they were unable to accom- 
 plish, as the lines, although of the best materials, and nearly new, were 
 in consequence of the heavy sea repeatedly snapped asunder, and ren- 
 dered wholly useless"; that the wind continuing to Increase as the ves- 
 sels drove from the land, at length between eleren and twelve o'clock 
 that night, the said crew ascertalniu'^ that it was impossible to save 
 the said schooner, abandoned her. And the party proponent deth 
 expressly allege and propound that when the mate and one of the crew 
 of the said smack went, as herein-before pleaded, on board the said 
 schooner, her foremast was standing, with the sail upon It, sustained 
 by the stays, and that if the master and crew of the said schooner had 
 turned her larboard side lo the wind when they flrst returned from the 
 the said schooner could have been towed without dlfliculty 
 by the said brig into in about two or three hours. And the 
 
 party proponent doth allege and propound that by the said collision 
 no damage whatever was done to the hull of the said schooner, except 
 in her upper works about the gunwale, and that her bow was not 
 stove, as falsely alleged in the third article of the aforesaid libel ; t hat 
 when the men of the said smack went on board thu said schooner, her 
 pumps were sounded, and she made so little water that during the Ave 
 hours they remained on board they did not pump the said schooner, 
 nor were the pumps rigged for that purpose; that about half an hour 
 before the crew of the smack abandoned the said schooner, they again 
 sounded the pumps and found she had eighteen inches of water in her 
 hold, and not two feet and upwards, as '.s falsely pleaded in the third arti- 
 cle of the said libel. And this was and Is true, public and notorious, 
 and the party proponent doth allege and propound as before. 
 
 That when the boat came to the smack, as pleaded In the nest pre- 
 ceding article, three of the schooner's crew, one of whom was 
 
 the master's son, went on bocard the said smack, and shortly 
 afterwards went oelow, where they occupied tliemselves in drinking, 
 and gave little or no aid to the smack's crew in their efforts to make 
 fast a tow-line to the said schooner. And the party proponent doth 
 expressly allege and propound that the loss of the said schooner was 
 not occasioned by the damage she sustained in th>s said collision, nor 
 by the loss of the mast, but by the negligence, hesitation, delay, and 
 total want of exertion on the part of the said and of his crew, 
 
 te take the said vessel to the nearest port, who seemed intent only on 
 getting back to and delayed the proper means to save the 
 
 said schooner till it was too late, for they might, and ought, when 
 they first returned on board the said schooner, to have proceeded 
 directly to or had they been prompt in determining whether 
 
 to accept the aid of the brig or smack for the purpose, either of the 
 said vessels could with ease have towed the said schooner into 
 
 In two or three hours ; that the conduct of the said and 
 
 his crew throughout the whole of the said transaction was marked by 
 the greatest negligence and incapacity. And the party proponent doth 
 allege that the jolly-boat of which had been lent to the raaster 
 
 and crew of the said schooner, having been cut adrift, was on the 
 day of found floating at sea about mileii from 
 
 a small port, miles uorth of and brought into that 
 
FORMS. 
 
 93 
 
 port ; and that the said has paid for the salvage of 
 
 the same. And this was and is true, public and notorious, aud the 
 party proponent doth allege aud propound as before. 
 
 That the said schooner at the time she was damaged as 
 
 aforesaid, save as to the rlsging she then sustained, was uot of the 
 value of or thereabouts, as untruly alleged and pleaded in the 
 
 fourth article of the aforesaid libel or allegation, for the paity propon- 
 ent doth expressly allege aud propound that one of the own- 
 ers thereof did, in the presence of divers witnesses of good faith and 
 cjedit, declare that they the said owners paid for the said schooner the 
 sum of and that the additional stores had cost them the sura 
 of aud no more. And this was and is true, public and 
 notorious, and the party proponent doth allege and propound as before. 
 
 That all and singular the premises were and are true. 
 
 [To be signed by Counscl.l; 
 
 No. 31 [107]. 
 
 FOIiM oj BESrOXSlVE PLEA or ALLEGATION in a Cause of 
 Damage by Beating or AssatdC. 
 
 In the Vice-Admiralty Court of 
 
 [Insert names of Ship aiia Master.'} 
 On the day of in the name and as 
 
 the lawful Proctor of the said the master of the ship 
 
 or vessel called the and under that denomination, 
 
 and by all better and more effectual ways, means and methods 
 which may be most beneficial and eflectual for his said party, 
 said, alleged, aud in law articulately propouuded as follows, to 
 wit :— 
 
 That the other party iuthis cause, did not, during the whole 
 
 time he continued on board the said ship or vessel called the 
 that is to say, from the mouth of in the year until the 
 
 month of in the year well and truly perform his duty on 
 
 board the said ship or vessel, nor was he obedient to all the lawful 
 commands of the said the master, and others the officers on 
 
 board the said ship, as in the first position or article of the libel given 
 in and admitted in this cause on the part and l)ehalf of the said 
 is lalsely alleged aud pleaded; ou the contrary, the party proponent 
 doth allege and propound that the said frequently beglccted 
 
 to perform his duty, particularly during his watch; that he was diso- 
 bedient, and refused or neglected to obey the lawful commands of the 
 master and others the ofllcers ou board the said ship, and treated them 
 with great insolence and contempt, and was frequently reprimanded 
 for such conduct ; that on such occasions he made insolent and irritat- 
 ing replies, and said, " he was only on board a bloody merchant-man," 
 and made use of many other expressions to that or the like efl'ect; and 
 this was and is true, public aud notorious, and so much the said 
 the other party in this cause, doth know or hath heard, and in his con- 
 science believes and hath couf'eased to be true ; and the party propon- 
 ent doth allege aud propound of any other time, place, person or thing 
 as shall appear from the proofs t© be made in this cause, aud every 
 thing in this and tlie subsequent articles of this allegation contained, 
 jointly aud severally. 
 
 That on the day of in the year the said 
 
 having been ordered to assist iu banding some billet-wood from the 
 
94 
 
 FORMS. 
 
 
 
 for3-1)oId to the deck or the said ship, was idle and iinttcotive in the 
 performance of such duty, and in receiving the wood fiora one person 
 and handing it to anotlier, and thereby greatly impeded and dulayed 
 the performance of the said duty; that tlie ofllcer or 
 
 mate of the said ship, who was superintending the performance of the 
 said worlt, several times remonstrated witli him on his conduct, and 
 desirf d him to be more diiiigent, but the said replied with great 
 
 insolence, and said that he should talie it easy, that there was plenty 
 of time, that he should not hurry himself, or to that ettcct ; that the 
 man who handed the wood to the said several times complained 
 
 of his indolence, by which he was frequently kept with a billet in his 
 hand waiting until the said who had delivered the preceding 
 
 billet and was standing idle, chose to receive the billet from him; and 
 the said observing such man standing with a large billet In his 
 
 hands, and standing idle, he ordered the said to take 
 
 the billet from such man; to which he instantly replied, "that he 
 would be damned if he would," or to tliat effect, and made use of other 
 violent expressions, and treated the said with great insolence 
 
 and contempt; whereupon the said made a faithful represen- 
 
 tation of such conduct to the chief mate of the said ship, the 
 
 said being then on shore at on the necessary concerns 
 
 of the ship. That the said ordered the sa'd to be con- 
 
 fined in irons, which was accordingly done ; and he by letter informed 
 the said of the aforesaid circumstance, who ordered a Court of 
 
 Inquiry to be held, and on the next day the said and the second, 
 
 third, and fourth officers of the said ship assembled, and In the pre- 
 sence of the said examined witnesses as to the conduct of the 
 said and heard him la defence; and it clearly appearing from 
 the testimony of the said witnesses that the said had refused to 
 obey the orders of the said and had conducted himself in a 
 mutinous manner, they were of opinion that he was deserving of pun- 
 ishment, and therefore he was con. inued in confinement until the said 
 returned to the said ship; and he having returned on the 
 day of the said month, and the conduct of the said and 
 the proceedings of the said inquiry, and the evidence given having 
 been represented to him, he directed that the said should re- 
 ceive lashes, as a punishment, and the same was accordingly 
 Inflicted on the same day ; that after the said had received one 
 or two lashes, he admitted that he had been very Insolent to the said 
 and asked to be forgiven. And the party proponent doth 
 further allege and propound that the said did not suffer any 
 fever from his aforesaid conflnement, nor did he, at the time he was so 
 as aforesaid punished, faint, or urge the said to let him have 
 some water, nor did the said refuse to let the master-at-arms 
 give hlra any, as in tue said article of the said libel is falsely alleged 
 and pleaded; that the punishment of the said was necessarily 
 inflicted for the sake of example, and to preserve discipline on board 
 the said ship ; that the said did not refuse to permit the said 
 surgeon to give the said any ointment or lotion for his back, 
 nor was the said in a fainting or exhaus-ed state, nor did he 
 suffer extreme pain, nor wos he injured in consequence of the punish- 
 ment he recelYod, as in the said libel is falsely alleged and pleaded ; 
 and this was and is true, public and notorious, and the party propon- 
 ent dotn allege and propound as before. 
 That all and singular the premises were and are trae. 
 
 [7o be signed by Counsel.'} 
 
FORMS. 
 
 96 
 
 No. 32 [108]. 
 
 FOIiM of ALLEGATION i>leadiiHi general Exceptions to the Credit 
 
 of a Wilneaa. 
 
 In the Vlce-Admlralty Court of 
 
 [Insert names of Ship and Master.] 
 On the day of appeared personally party In 
 
 this cause, and without rcvokin;; the appointment of as 
 
 his Proctor, did say, allege, and In law articulately propound as 
 follows, to wit: — 
 That no faith or credit is due or ouyht to be given to the sayings or 
 depositions of a witness produced, sworn and examined In this 
 
 cause, on the libel given in and admitted on the part and behalf of 
 the other party In this cause, for the party proponent doth 
 expressly allc<!c and propound that the said Is a man of an in- 
 
 famous and abandoned character, and Is not to be believed on his oath, 
 and who, for pain, would swear ful&ely In this or any other cause; and 
 for and as such a man he is commonly accounted, reputed, and taken 
 to be by those who know him. And thid was and Is true, pnbllc and 
 notorious, and the party proponent doth allege and propound, of any 
 other time, pla«;e, person or thing as shall from the proofs to be made 
 in this cause, and every thing In this article contained, jointly and 
 severally. 
 
 That all and singular the premises were and are true. 
 
 NoTK.— 'If there should be any objeotioa on the part of a Proctor, to giTe in an 
 exceptive nllegation. containins libcUoui or actionable matter, the name may be 
 given in by the ^.irty himself, and should be signed with his name ; aod this Form 
 is yreparud accordingly. 
 
 33 [109]. 
 
 FOBMof ALLEGATION specially exceptive to the Testimony or a Witness. 
 
 In|the Vice-Admiralty Court of 
 
 llnstrt names of Ship and Master.'} 
 On the day of in the name and as the lawful 
 
 Proctor of one of the parties in this cause and by all 
 
 better and more effectual ways, means and methods which may 
 be most beneficial and effectual for his said party, and by way 
 of exception, and hereby excepting to the testimony of 
 a witness, produced and examined in this cause, sayed, alleged, 
 and in law articulately propounded as follows, to wit : — 
 That no faith or credit, at least none sufBcient in law, is or ought to be 
 given to the sayings or depositions of a witness produced, sworn 
 
 and examined on the libel, beating date the day of given 
 
 in and admitted in this cause, on the part and behalf of the other 
 
 party in this cause, for that the said hath on the examination on 
 
 tiie article of the said libel [or '* allegation, ^^ and othermise as 
 
 the fact may be] among other things, deposed m the words following : 
 "That the said the party in this cause, was much too addicted to 
 
 his grog, and in fact was as drunken and skulking a vagabond as ever be 
 had the misfortune to sail with, and was the most slovenly and negligent 
 an officer on board." Now the party proponent doth expressly allege 
 and propound, that he the said hath therein knowingly and willfully 
 deposed ana sworn falsely and untruly, for the truth and fact was and is, 
 and the party proponent doth expressly allege and propound, that the 
 
^ II— 
 
 96 
 
 Ft'iRMS. 
 
 said hath, in the prc^enre ul divert credible wItne<)Hefl,. 
 
 both shortly before and khurtly niter his examinAtioo in tbi9 cause, 
 admitted and confessed thiit he had "never setio or kn>>wn the snict 
 drunk un hoard the niiid Hi)ip durini; all the time thnt he 
 and the said Hervcd on board the said ship together ;'* and that 
 
 the Naid waH " rh smart and iictire an officer ns the captain liim- 
 
 self, or any other officer on Ixmrd." And tliis was attd is true, public nnd 
 notorious, and m > much thehaid duth know or hath hLMini, and in 
 
 bis conscience helieves, and hath confessed to be true ; and the party pro- 
 ponent duth allege and propound, of any other time, place, persou or 
 thing as shall appear from the proofs to be made in tliis cause, and every 
 thin^; in this and the h .bsequent articles contained in this allegation,, 
 jointly and severally. 
 
 That whereas the said in his aforesaid eximination, hath in 
 
 answer to the interrogatories nd<iin'i''tored Co him in the said 
 
 cause, falsely and untruly answered, and said as follows : '• That he at- 
 tends to he examined as a witness at the request of the soliuit;)r 
 of the said wiii> ipplied t) the respondent lor him, and told biin 
 that he must come ns u witness fur and that he must spcrik the 
 truth of al! that he knew between and the parties in tlii* 
 cause: and that the respondent has not otherwise had any meet- 
 ing or consultati(ms with or any other person concerning Ins brin^ 
 examined ; and tliat lie has not received, i>r been promised, nur iloes he 
 expect to receive any reward, present, gratuity, or ssatislaction lor giving 
 evidence in this cause." Mow the party proponent doth expressly allege 
 and propound, that the said hath in great part ilieruiii knowingly 
 and willfully deposed, and sworr falsely and untruly, for the truth and 
 fact was and IS, and the party proponent d'th expressly allegii and pro- 
 pound, that subsptiuently to tlie ex uniiiati'in of the said in this 
 cau>.e, 'tc bath in couversition wito .several d Ins friends and acquaint- 
 ances, a icjitted and c>nles^ed t!iic lio di 1 lecoive money Irom 
 the solicitor of the other party in this cause, in order to purchase 
 a watch ; that the said hath also stated to divers persons ol good 
 credit and reputation, that in bis exatninatiun, meaning his examination 
 in this caus<^, he hatb .^^aid that he was not bribed, and on his being asked 
 by them bow he could sl> say, when he knew that the .said had 
 given him money to purchase a watch, he the said then answered, 
 " No. no, that would have put an end to all ;'' and this was and is true, 
 public and notorious, and the party proponent doth allege and propound 
 as before. 
 
 That all and singular the premises were and arc true. 
 
 \^ro be si(jned by Counsel] 
 
 34 [146]. 
 FOR^I of A CTon Pt/riTWA in a Cause of Bottomry. 
 
 In the Vice-Admiralty Court of 
 
 [Insert names of ship and master,] 
 
 On the day of exhibitud for [Insert 7iame of Piomo- 
 
 ter's Vroctor] of and alleged that his said parties are the lawful 
 
 Attorneys of of merchants, the legal holders ol a bottomry 
 
 bond on the said ship, her tackh.', apparel audlurniture ; and that the 
 said ship in or about the month of in the year of our Lord 
 
 ^cing the property of respectively of merchants, 
 
 and lying in tiie port of was chartered by ol 
 
 aforesaid, merchant, on a voyage from to and 
 
 aforesaid ; thnt the sai<l ship arrived at aforesaid, and the 
 
 master, Ptanding in need of certain advances on account of the said ship, 
 spplied to the .said to advance the necessary sura, and take his 
 
 k 
 
 
 I 
 
 u 
 
■ f I 
 
 I 
 
 ?(l 
 
 I'OIIMS. 
 
 97 
 
 liillHdrnwn on for the iiinoiiiit in rppitymfnf ; tlint tficsfiid house of 
 
 relumed to comply with thi-j rrciucvr, but coii-cotod t> advance 
 the inonny nciMlful, on hitfoiiiiy, oti the miid slap. And tlio fluid 
 
 lorthor nllr'jrrd, tlii\t the snid findinir ttiat ho could not 
 
 ohinin iiny (idvnnro otherwise than liy hottninry, <Ii<l niiply to borrow, 
 nnd rcwixo Iroin tli« H:\\(i for the; iicc(s>iiry scrvioe and use ot 
 
 the snid .ihip, the sum oC nnd for s-ieorinu the rfpnyuirnt tlioroof, 
 
 tho wnid did, in nnd by ii fiond of hypothcfution, diitpij nt 
 
 Hlore.snid the day of by him duly exoouted, 
 
 fiecotiie bound unto the snid in the sum of iiiwlol ujonoy 
 
 of firing the ntnount "{ tho said adv!inoi;"i, with the inuritimo pre- 
 
 rainm or interest thereon, niter the rate of per ecnt., inakinu' to- 
 
 pother the sum o! nnil lor \vlii(di piiyinctit lie tlw said did 
 
 hind nnd hypoti.een'e the sni ! sliip, her tin-kle. npiiarc I nnd rurnitiire, 
 nnd did covetinnt w ithin one month niter the an iva! cl the >aid vsst I ju the 
 river or any other port in to |)av th<' sai I sun of 
 
 with n further interest ol five per (;ent until sixty dnys alter payment of 
 the said sum. And it was further aurenl thnt in eaie tho tiaid vc.sel did 
 not return into the river or any otln-r (lOrt in at the fnil 
 
 of months, then nt the expiraf imi ol tin- mil munth-*, and 
 
 tho sniJ vcH.«ei should not have l)ect> lus-t within thnt time, the s;!iil 
 hiscxe(Mit(»rH 01 admini»f rutor.s, should, within fv"en'ydi>\» 
 after the end and expiration (il iIp; said innnths pay ir cause 
 
 to be paid the said smu. with the saiJ intere-t. to t'n- said 
 in orde" that they iIh- said mi<;ht n >^ run tho hazard of the 
 
 said sum upon the hody id the said shi|> for a loiiyer (leriod than t hi; said 
 nionihs. ro(d{'»n<'d and aeeountcd lor as set lorth in the sail bond ; 
 that tiic said \ess, 1 tin n sailed on Jicr homeward voyage and arrived in 
 in tlie njon'h ol And tlie said further alleu'cd, 
 
 that on or ahout the day of they tlie said for- 
 
 warded tbosaii bottomry fjond to of merchant, for recov- 
 
 ery thcreol ; that the said hein": at the time (d the arrival of the 
 
 snid bottomry bond ir, ,'i.H country, in peeuniar-' eiiT')nrrassiiient«, tipjther 
 enforced tlie payment ot ho said bond on the arrival id tho said ship, nor 
 answered the letters written to !;iin from tho snid house of of 
 
 who in eonsequciioe, on or about tho day nl wrote a letter to 
 
 thCvsnid parties' said house of trade lor them to apply to the said 
 
 nnd iiiijuiic into the nflair, and eidorco the payment of the said 
 bottomry bond ; that such htter was reciived by the said 
 
 parties' .<-aid house (d trade, on or about the 
 
 dav ol 
 
 nnd on or 
 
 about the day of the said month tho said house made application 
 
 acGordinjriy to the said lor bis reasons (or not enforcing tho said 
 
 bond, who then stated ; was necessary for the said to send over 
 
 a power ol attorney for the said loi/ally to represent them, helore 
 
 any steps could be taken to cnlorce the said Ixmd, nnd that the said 
 
 had not enforced the snid bond because he had not the said requi- 
 site power ol attorney ; t!mt thereupon, to wit, on the day ol tho 
 said month of the said wrote a letter to the said 
 informing them thereof, and on tho day of following the 
 said transmitted tho required power of attorney, wliich was re- 
 ceived by his said bouse of trade of on the day of 
 following, who thereupon immediately made application to the said 
 
 to deliver up tho said bond, which be accordingly did, and then 
 gave sundry explanations, which led the said house of trade of 
 to apply to the said of the charterer ol the said vessel for 
 
 the voyage, on which the said bond had been given as aforesaid, for tf;e 
 payment thereof, juc whicli the said refused ; that on or about 
 
 the month ol the said having ascertained tliat was 
 
^»< 
 
 98 
 
 FoltAr^. 
 
 i 
 
 r.' 
 
 ilic 'H't'nif owner oT tho sairl vpfwol. 'ipplioJ to him ( u' [» iSMi'-nt of tlifi 
 NaiJbunil, who ihifti stiitcil rhnt tlm diiiiii hml li en sotcled witli iho Hiiid 
 ( n tlieiiccmnt 111 lici^^ht, v\ h»;ri hcthu Haiti had Kettlcd hJM 
 
 nconijnt with Vh' owtirrs us the I'liiiintcur ol the said whip ns hcreitihtluro 
 •.illcycd ; tlir.t t^>' i^nid InrilxT sfnttnl, that the said 
 
 t'Pg'mtd t'l will i< i)(Jt'r iC Haid Ixind to tho H.iid KWiiors, and that if th« 
 «ni(l vhdiild lic cotiiiii'Mi'd loa^i'iti pay the niudutit id the nnid 
 
 ^ottomvi h itul, fio wiiill iiuiimdiritely arif.Ht tho Hiid lor the 
 
 ariiiMitit. And tiie Slid tiirtlior tilieued, tliiit hi" mild parties 
 
 not havirij: sticijeedo 1 in (>htainiri;j: the payment of tho miid botil, and 
 havini^ !• artit tl) >f th(3 siid ve-sol was ii> t!i' rivr 
 
 ahont to pi'.iceeJ to ^en in ordnr t > enlureo p ivaunt of" tho n.iid l)i)rii|, and 
 .stitisty tfie just claiiiiHof thoHiid iti tho month of apjilied 
 
 to, and ohtuiiKid the necessary warrant liom t!ie Vioo- Admiralty (Jourtof 
 to arrest the naid vcshoI in i. suit of bottomry: hut that tho 
 owners (d the -aid vessel or some otlier person intere"tod in Iter eseape, 
 havin;^ obtained inlormation of tiie i-tended arrest, canned the aaid vohhoI 
 iiiiuieifiatriy to proceed to sea, wiiieh she aetually did. and eould not 
 thcre.'ore he arrested, though the said warrant issued on tho 
 day ol the said month of And the said lurtlier allenred, 
 
 That iiiH said parties' said house of trade, liaving subsequently Jearnt that 
 the said vessel was sliortly au'i in ex[)e(;ted to return to thi> eolimy, ob- 
 tained a further warrant to arrest the said vesscd on her arrival, and the 
 vaid vessel was finally arrcstfd .m the day of last at 
 
 tho port of where the said vessel had arrived ; tliat it appearn 
 
 by the register of tho ^uid vessel that the lawful owners are the same at 
 the present time as at the time the said bottomry bond was taken up upon 
 ihesaid vessel, as hereinafter set forth, save that tho si, arcs held 
 
 in the joint names of and were in the month of 
 
 transferred to the said alone, since a bankrupt i also that 
 
 now represents shares in the said vessel, •vhich were held 
 
 by when the said bond was taken up. And the said 
 
 does ex^ii -dy allege, ihat ti.ougli application has been frequently made 
 for payment of the said bond, yet no part thereof has f)ecn paid either to 
 the sbid or any person on their behalf, and that the whole 
 
 ariount thereof, as well principal as interest, still remains due and -wing. 
 And the said lastly allesjed, that on or about the day of 
 
 tho month f>t' last, the Proe:or acting on behall of the owners, 
 
 accompanied by a person alleging himself to he duly authorizjd, called at 
 the officj of the said and stated either he was an owner, or acted 
 
 on behalf ul the owners, and that it was the wish of tho owners of the said 
 vessel to pay immediately the said bond and expenses, and ro- 
 
 queated on behall ol the owners that no further steps tuight betaken in 
 order that the expenses might not be increased, as the bond would be 
 forthwith paid ; that the said immediately assured the said 
 
 and the peison who accompanied him as aforesaid, that no 
 other s ep should be taken if the bond was immediately paid, but that in 
 order to justify him the said for any delay, he requested the 
 
 said to write him a letter to the effect of the said verbal com- 
 
 munica'ion, which the said promised to do, and accordingly 
 
 .'n the day of being the very day on which the communi- 
 
 ca'ion aforesaid 'ook place, he the said received a letter of the 
 
 following tenor : — 
 
 That on or about the following day tho bill of costs of the said 
 amounting to the sum of was handed to the said together 
 
 with an account ol' the said bond and interest, as calculated by the said 
 parties' said house of trade of but though the said 
 
\ - 
 
 FOKMS. 
 
 •JO 
 
 stopf prorfo'lini."* in tlifi ^aiif stjif, yet t!io .snil Dwru-iN stifne- 
 (^iicntly havo withliclil puvinent ol tins s/uil huml ; ami in vcnlifiitiDn of 
 'A'lint he so allc^^cJ tlm «iii(l |»rnve<l Iimvo to ri'ler t.. tlio iitt<!stii- 
 
 tion-^, fiond and proofs to he hy h'tn pxliil)itt'(| ; wht'icforo lie pruyrd tUo 
 NVi'isliipdil I In) Jud^n \voul(J ho p'riis^'d to pr itnnini'c. doiToo mid declare 
 tliat thfisaid \ csel \vasj(i«'ly and liwJ.illy h\pi'thcMMt(!d, and 
 
 tliiir tho amuiint of tlio said h.)nd in • he (|(;oi'ci'(l to ho |iaid to hix said 
 pitrtioH with iiiton.'Ht from thi) Imi'i i waint) hcoxinti due, and e.\perisos 
 and that otherwise ri;;iit and jiistico may ho olJcc'tunlly dooo und udiuin- 
 istered to liini and his said paiticH in the preiuiscH. 
 
 In the prcsnnoo of dcnyini; tlie aile^^ai ions ol th'' said |^i/»-. rt 
 
 name o/'hff'nii/ditt's I'lodor] fo he in yicatpait tn^e, -rnj iilleair.:^ that 
 at tiie time tho thru owners ol thosaid vessel entered iiito 
 
 the nt'oresaid charter parly with the naid (to wit), in tho 
 
 month of if merchant, was a seeret partner (»f 
 
 him the said in the aiivcnturo in wliieii the said vessel wa!i 
 
 then to he employed, and kept the aecountH th reuf as between him and 
 the said that the said wrote to tho firm uf 
 
 by the then master of the said vessel, introduc- 
 
 ing t::m to thorn, and requesting him to supply him the said 
 wiih any monies ho mis^bt hiive occasion h.r, lor the services of the said 
 vessel. And the said fiii tlier allei^ed, tiiat the .said ves>>el on 
 
 her return voyage arrived in the port of on tiie day ol' 
 
 wlieienpun ol Hhip * rokcrs, who had been 
 
 employed originally in chartering tho vessel, were appointed agents to 
 the owners ol iho said vessel to settle dm amount ol height with tho 
 charterer ; that in adjusting the same it appeared that the sui> of 
 was the proportion of tho aforesaid bottomry bond, lo:- which a:', between 
 the said owners and the mid charterer uhe owner-t of the said vessel were 
 liable, the remainder being lor port charges aiio d;ies, wbicij, by virtue 
 of thenloresaiu ciiarter party, were agreed to he paid by the said 
 that tho said havin;^ li;ul notico from the said of" tho 
 
 [)articulars of the said bond. ;ind being reiiuestcd by him to ileduet tlio 
 airoiint thereof lor the said Ireight, tho said chiimed ol t le o% n 
 
 ers to deduct the saidjsum ol and the same was accordingly de- 
 
 ducted from the amount or the said Ireight, and allowed to the said 
 
 that it was iberi ipon agreed between the said on heha'.t 
 
 of the owncr.s, and * <aid thatihesaid should state 
 
 to the said mat tho amount ol the said bond had been allowed 
 
 in the Ireight account, and reqaest him to deliver np the said bond, and 
 that divers applioations were made lor the same to the said and 
 
 by one ol the said owners and others, but wthout 
 
 efFect. And the said then furtncr alleged, that subsequently 
 
 and whilst the said was the accredited ajiont ol tlic said firm of 
 
 and was in the actual p jssession ol the aforesaid bottomry 
 bond, with instructions froiu them to obtain the payment tbereoi', tho 
 said did in his account current with the said actually 
 
 give credit for the said sum of as the agent ol and for and on ac- 
 
 count of the said firm of tho said having received a con- 
 
 siderable portion ol the freight, and having applied the sauie ,.s the said 
 conceived in reduction uf .so much ol the said bond as consisted 
 of port charges and due-'; that from that time, to wit, the day 
 
 of to the month ol no application whatever v/as ever 
 
 made, either to the present or late owners of the said vessel for 
 
 payment of the said bond, but iha. in the said month of applica- 
 
 tion was made to tbe said as sek forth by tho said that 
 
1 
 
 100 
 
 FORRMS. 
 
 the said parties heard nothing further of the said bond, or in 
 
 reh\tion thereto, until about the day of last, when the 
 
 said vessel being then on her homeward voyage from his the 
 
 said parties wore informed that a warrant had been extracted 
 
 imui this Couri (or the purpose of arresting the said vessel, to enforce 
 Hie pnyuient (»f the saiu bottomry bond ; and the said further 
 
 allejied, that no actuul presentatioi. of" the said bond was ever made to the 
 said owners, nor has the sanie Ijcen seen by any ol them. And the said 
 further alleged, that the said vessel, alter her aforesaid arrival 
 
 continued therein 
 for 
 day of 
 
 on the 
 on the 
 day ol in the 
 
 in the port ol on the , day ol 
 
 nntil she sailed from ihcnce on the day of 
 
 that she returned to the port o( on the 
 
 and remained tiiere until she sailed from thence to 
 day ol that siie returned to the port of 
 
 day of and remained there until tlie 
 
 same year, when she suiled Irom thenco to that she returned to 
 
 the port ol on the day of and from that time until 
 
 the month of wns en)5)loyed in the coa! trade from to 
 
 and back ; that on the day ol the said vesse^ 
 
 cleared out Irom t!.c port ol and on tht day of 
 
 the said month lelt hermoo.uigs at and proceeded down the 
 
 river and was at on the and in the 
 
 on the day ol the said month ; and that the said owners, parti- 
 
 cu'.urly the said the mana-iini; owner, was pcrlectly ignorant of 
 
 any warrant having been obtained from tiie Vice- Admiralty Court of 
 to arrest the said vessel, and that neither did the said owners, nor any 
 person interested in her eseni^e, cause the?aid vessel immediately to pro- 
 ceed to sea to av( id an arres. ; but the said vessel was sent to sea in the 
 due prosecution of the voyage last-mentioned, which was determined 
 upin and her equipment preparing before the application belore men- 
 tioned of the said to the said was made And the said 
 further alleged, that the interest which the said and 
 had in the said ves-el on the day of 
 assigned to the >aid on tho day ol 
 again assi^incd by him to thesi^id on the 
 
 And the said further alleged, that at the time of his attending 
 
 at tiic oflico of as stated by the said lie ishe said 
 
 was accompanied by an attorney at law and solicitor, who, con- 
 
 sidering himself luHy authorized so to do by the owners of the said vessel, 
 applied uO the said for an account ol the debt and costs, as it 
 
 had been a subject of consideration with the said owners, whether it 
 would not be advisable to pay the demand on the said bond, and put up 
 with the loss without their incurring law charge*! ; and the said 
 did request that no further expense might be incurred, but the said 
 
 was then informed by the said that he understood soma 
 
 demand was intended to be made for insurance, and that if such was the 
 case, the bond would bo resisted altogether ; and the said further 
 
 inloriucd the said that tiie money must be paid on the tlitn next 
 
 morning, or the proceedings would go on. Ard the said lurther 
 
 alleged, that upon the bill of costs ol thcvsaid together with an 
 
 aGcoum; of the said bond and interest being delivered, there was also 
 charged therein the st:m ol lor insurance po^d by or on behalf 
 
 of the said that the said haviiig sent the said bill ot 
 
 costs and account of charges so delivered by as aforesaid to the 
 
 said he the said subsequently instrncted that 
 
 the owneis of the said vessel felt much hurt at the said charge for insur- 
 ance paid on the said bor.d, and that considering the .same an uujustiG- 
 able demand, and a point not cognizable by this Court, they had deter> 
 
 wa» 
 and was 
 day of 
 
FORNS. 
 
 101 
 
 mined to try the vslidity of the bond itself, and they accordingly in- 
 structed the said to resist the payment thercot And the said 
 nileged, that the full am )unt of the said bottomry bi)nd nnd 
 interest, to wit, tbeiium of had been lully and duly paid to the 
 said in the way and by tlie means ;if )resaid diirin:^ the time 
 that lie vas the special agent, and for the use and benefit of the said firm 
 of and whilst he had the said bond in liis posses-ion, and whioli 
 he ought to have delivered up, ..nd for which purpose it was sent ove.- to 
 him. And the said further alleged, that it was not necessary 
 to have any specie! power of attorney lor that purpose, the ai.tiioiity 
 contained in the letter accompanying the said bond being in iiselt quite 
 sufficient, as there was no oppositi.)n made to the payment of tlie said 
 bond ; and the said humbly contends that it is not competent 
 to the holders of the said b)nd, after having acquiesced in tlie [jayment 
 of the said bond from the month of notwithstanding thuy had 
 the many opportunities before set fortfi of proceeding against the aixid 
 ship for fhe j)^yment thcroof, to claim tho payment ot the said liond a 
 second time ; and in verification of what he so alleged as aforesaid, the 
 said referred to iIki affidavits to be by liim exiiibited in this 
 cause, and prayed that his parties may bo dismissed from this suit, and 
 the said parties condemned in the costs thereof. 
 
 Rejoinder. 
 
 In the presence of dissenting and denying the allejrations of 
 
 \^Insert name of Promoter'' $ Proctor] to be in greit part true, and alleg- 
 ing as by him before alleged ; and further alleging that if any secret 
 partnership did actually exist between the said and 
 
 the said were whoUj' ignorant thereof; that the money lent 
 
 as aforesaid was lent on bottomry, and not on any personal credit wi at- 
 ever ; that his the said p.trties could in no way be bound 
 
 or prejudiced by any adjustment made between the said owners and 
 charterers; and the said denies that either the said 
 
 or their agent ever received the nmount of the said bond or any part 
 thereof, but on the contrary the same remains still due and owing ; and 
 the said denies that the said ever authorized or r*^- 
 
 quested the said to deduct the amount thereof from the 
 
 freight, as falsely and untruly alleged ; and the said admits 
 
 that the said and others were desirous of obtaining posses- 
 
 sion of the said bond, and may have often applied to the said 
 to deliver up the same, but which he the said always declined 
 
 to do until he should actually receive the payment thereof ; and the said 
 alleged that if the said did actually give credit as 
 
 alleged by he did so without any authority whatever and ille- 
 
 gally ; and the said owners of the said vessel were thereby in nowise dis- 
 charged from payment of thesdidj bond, and of which tiioy themselves 
 were fully aware, as appears by tlicir repeated applications they made to 
 have the said bond delivered up : and the said expressly alleged 
 
 that the. said owners parties have and always have had their 
 
 remedy at law against the said for any sum he may have sur- 
 
 reptitiously obtained from them ; whereas the said parties resi- 
 
 dent at have only their remedy against the said ship in this 
 
 Oourt. And the said further alleged, that his said parties made 
 
 every effort in their power to enforce payment of the said bond, as herein- 
 before set forth ; that the said ship had been a considerable time engaged 
 in the coasting trade, but so soon as the owners had intimation that the 
 agents of the bottomry bond holder were about to take steps against the 
 said vessel, the said vessel was hastily sent to sea ; that the said i)i)nd if 
 not actually presented to the owners was well kno A'n to them both io 
 

 102 
 
 FORMS, 
 
 tenor nnd in siihstance, and baa heen legnlly demanded both of themastev 
 and owners, but p:iymcnt relused ; that the said might, as the 
 
 Pn)Ct>r in tiie cause, have botli seen and bad a copy thereol Ijad he been 
 desiruus to obtain one, and made application for sucli purpose ; and the 
 said denies that at the time when the agent or owneis ot the 
 
 said ship called at iiis office and agreed to make payment of the said bond 
 as before alleged, that any mention about charge of insurance was made ;. 
 and the said does expreHsly allege that at the time aforesaid, he 
 
 the said had not seen the iiccounts, and wi;s therefore ignorant 
 
 what cbargps might be made ; but the said does humbly sub- 
 
 mit that if iheonly disputed point was on account of a ehurgeof insur- 
 ance paid on tlie said bond, a< alleged by this Court had full 
 power and cognizance thereof by referring puch charge to the Registrar 
 and merchants, wlio would, as in like cases have reported thereon ; and 
 the said denies that the full amount or any part of the said 
 bond has been either paid to the said or to their agent ; but 
 the said alleges that the said when he found the em- 
 barrassed state of the private affairs of the said was desirous to 
 treat the amount ot the said bond as a part of the private effects of the 
 said and thereby to avail iiimsclf in part uayment of his own 
 losses, but which transaction the said positively refused to sanc- 
 tion, as he thereby must have sacrificed the interf;st of the said 
 for whom he acted merely as a trustee or agent ; and the said 
 expressly denies that the spid ever acquiesced in the alleged 
 paynjent ot the said bond, as falsely and untruly alleged ; and the said 
 referring to his former statement and the proofs to bo by him 
 exhibited, hum'^ly prayed as before. 
 
 In the presence of dissenting, denying and alleging as be- 
 
 fore ; whereupon the Judge assigned to hear on petition of both Proctors, 
 on the day of 
 
 (Signed) 
 rtsigned'i 
 
 No. 35 [147]. 
 
 Form of '\ACT on PETITION' in a Cause of Salvage. 
 In the Vice- Admiralty Court of 
 
 {Insert names of Shij) and Master.] 
 
 On the day of 
 
 Proctor] the master, and for 
 the ship, barque or vessel 
 or vessel of the burthen of 
 
 sailed from on the 
 
 exhibited for llnstrt name of Promoter'' s 
 and the owners and crew ot 
 
 of and alleged, that the barque 
 
 tons by admeasurement oi thereabouts, 
 day of on hev voyage to that 
 
 on the day of following, it came on to blow a heavy gale of 
 
 wind, which continued to increase ; that on the morning of tho 
 day of a vessel was discovered which afterwards proved to be the 
 
 of master, to windv.ard, about a mile distant on 
 
 the weather-quarter ; that the was at this time in the western 
 
 ocean, in longitude and latitude that it was obseived 
 
 that the had lost her bowsprit, foremast, main-topmast and head 
 
 of the mainmast ; that she rolled and laboured very much • that tho sea 
 was making a clear breach over h^r, and that she had her colours flying 
 lashed in the rigging ; that part of her crew were standing in the rigging, 
 and part working at the pumps, and that a man with a white hat on. 
 who afterwards proved to be the master, was standing on the 
 
FORMS. 
 
 103 
 
 qimrte-deck, wiivino; his liat as a signal for tliH thut at thia 
 
 time ivnother strange siil te winlwMi'l was seen hoiirina; J,)vvn upon 
 theoi ; that tlic htDoJoi tillslio coiilJ letch the upon 
 
 the other tack, and alter wea- irijj; ship stood as noar as possil)le towards 
 the when hailed her, iuit eouhJ not inuke out any 
 
 answer (rom the noise of the wind and tlie sea ; that the other stranifo 
 sail, which proved to he the of was still bearintr down 
 
 upon tliein, rnd presently hailed tiie and asked who slic was 
 
 and where l> ound, and heinir answered that slie was and biund 
 
 to the but intended to stay by the the then 
 
 proceeded upon her voyajje ; that in c insequcnce of tlie distressed situa- 
 tion of the and thesa.d suppositig her to he water- 
 lot'ged, he imrneiJiately ordered <• whale-hoat t > lie lowered, and went in 
 her himself, takin<i with liiin men, who iiad volunteered to ni;- 
 company i.im, ail of whou). with the said notwithstandiMij the 
 severity of the cold, wore only their Hiiirrs and drawers to bn I'ric to at- 
 tempt, to savit thnnsulve-* in i ho event of the b )at capsz'ni^.o' which 
 there w<is a jfrcat j)V()bability : that the/ pulled awav towards the brijj, 
 throijfjh a tremendous sea, and at the <»rcatest risk of their lives, the 
 wind still hlowirir a heavy i^aie insomuch as nearly to prevent tfiem from 
 effectin"^ their of)ject akoi;ether, but tlint by ijreit peiseveraiu!? and 
 skilful s'l-ei in^' the men succeeded in pulling up under the said brio's 
 stern, thoutih it was found utterly impossif>le to go along side fier ; that 
 addressing the master, avked where he was from, who 
 answered from and inquired if said wasmateol the 
 barque, and upon being informed he was, the master of her, 
 then asked him, " What do you tliink is best to be done ; shall I stop a 
 little longer with her or shall [ leave her, and wliere will you land me if 
 I leave her?" that replied, he might stay by her a little longer 
 and see how it wnuld he, but thit if he took him and his people 
 out he must land them at the first port, or at that by this time 
 the said succeeded in boarding the brig over her stern l>y mean* 
 of a rope and by the rising of the sea ; that on getting on the briii'sdeck, 
 the said the master took the said by the hand, and said 
 he was gl.id to see him sate on board, oliserving that he thought 
 him a mailman for attempting to lower his boat down in such weather,, 
 and that he took the either for a man-of-war or a packet from 
 his venturing to wear ship in such a heavy sea, and added, thit he had 
 no* seen the boat autil she was half way between the two ves- 
 sels ; that the sea at this time breaking over the tlie said 
 proposed to to net a little sail on her; that a jili t')ra main- 
 staysail, and a top-gal!antsail for a mainsail, were accordini-Iy hent with 
 the assistance of the said and one of his boat's crew, who hail by 
 this time also boarded the over her stern ; that the 
 was pumped several times whilst the said was on l>oard her,, 
 and it whs found that she had made some water ; that tlie crew 
 co.rsisted of a master, mate and ten liands,tive or six of whom were !>e- 
 lowsick, and the others were so wtnn out with fatiiiue as to be scarcely 
 al)le to lend a hand to anything; that it was about this time 
 o'clock in the eveninj:, an 1 the said otiserved to tfie master he 
 must think of returning to fiis ship, and told him to be sure and hoist a 
 light wlien it became dark, and that il the weather (which was at thi* 
 time somewiiat moderated) came on worse, he the .said would 
 lower his boat again and come and take his crew out ; that the stid 
 
 tlien lieggfd the said to lay by him during the night, 
 
 which he promised to do ; that tlien said, " If I stay by the 
 
 ship, will you lie l»y me and take me in tow in the morning?" and the 
 said told him he would ; that then aaked the said 
 
 fM.: 
 
vm 
 
 1 
 
 104 
 
 FROMS. 
 
 how he mennt to ijct into his hoiit nj»(iin. alliKliiisi to the dilH- 
 <;ulty (if his so doin;; fri m tiie nillinij; and pitoliiiitr >! iln; hriir, to which 
 he replied, that it he could ijet in no othtT way, h(^ ^lullll^l Jiiiiip over- 
 board andg tin tmt tiiiH iliosni.l and liy watching 
 their opjjormriii'y, at hiat -siiweedeii in ttu'owing thuiiHclv(s into the tioat 
 ovtT the briji's siern, whrn they put oU' iinJ with yieut ilillifolty rea<'iied 
 the ill Hulety ; that l)y tin-! time it had hccome dm k, and a liglit 
 was lioistpd on h )ard the '.vtii.!!i vva-i answered l)v dio 
 hoisting a iiirlit at the ma<t-li(Md ; th;it llio Ic -ot dose hy the 
 ail tiiaht, duriii;y; which tiii'io sv.'ie several squall-* ■it wincJ and 
 rain : thiit the next inoirnii:/, ilie day ui the Haiiio hoat 
 •was K)Wered Iroiu the juid tlie said tind iho sanu; 
 Mien who had ;ione o-i the prcvi.uis day, and also the s<-ciind mate, 
 ayain tinicccdtd to tlio and eariicd with them a whale line, made 
 fast to fi li i«!-fr, CM) hoard the that by mean-' ul tins line one 
 end ot t!ie hawser was hauled on board the and there made fast 
 as a low-rope, and that i:i like manner the end of another hawser was 
 conveyed I'-oiii the to the and there made last as a 
 seeond tow mpo ; that on their nil hoarding the (''xeo^pt two 
 hands left in the boat) the tow-rope was made fast, and the said 
 proposed to t.i rig a jury foremast, which was aecordingly done, 
 and that a spare luain-yiird was then got op. and a topsail hent for a main- 
 sail, the whole of whieh was uccouipli-hed hy the «aid and his men, 
 and assisted tiy some o\ the crew, most ot whom, iiowevor, Iroiu 
 s eknessaiid latiuue, wevc very iiu I'jiient ; that wliiiron hoard the second 
 day, the said uave the said the copy ot the 
 inanllest, whieh he siid he had made out for the (juaranrine vessel, and 
 in the course of eonvtisation remarked, that he should he very ghid to 
 have the brisi taken into port, as part of tier belonged to Ins relations ; 
 that the said leaving the seeond mate, on h.onrd the 
 returned to the to dinner, taking with hiiu; 
 after which they again went hack to the that about o'cloek 
 same alterno< n quitted the for the n'ght, and returned to 
 his own vessel, stdl leavins on hoard the former to give any 
 assistance tiiat mij;ht be required ; that having |)reviously consulted with 
 tlic olBeeis and crew ol the who had all agreed toj^iin in their 
 emleavours to save the and her ere« Irom destruction. <ind to 
 eontiuct her to tlie first po-t, determined to do so, and made sail 
 for takiig the in tow, and so proceeded duiing the 
 night; tliat very eiriy tb following morning, the day ol 
 atoresaid. it having Come onto blow harder, they jiarted the t>)w-ropes, 
 on wliich the lay by the until they could get other haw- 
 sers ready, but it blew so fresh, and with so heavy a sea running, that 
 did not deem it safe to send a boat with them, but keeping 
 'he right in the wake, he threw a life buoy overboard, 
 with a whale line attached to it, and wliieh was picked up by the 
 and thus two new tow-lines were Tiiade hi-it, und the again 
 made sail with the in t iw, and so proceeded during that day, 
 oocasionally giving directiotis to who remained on board 
 the (by speaking to him through a trumpet) to look alter the tow- 
 ropes, and keep them well served ; that early in the morning of the 
 day ol the same month of they made whieh bore south by 
 west-half-west, distant about miles; that about o'clock in the 
 forenoon of the following day th'n'c were several sail in sight, and the 
 weathir having become more moderate, sent his chief 
 mate, on board the to ask the said the master to 
 dinner, and which he accordin{»ly did ; that on coming on board 
 the deck, he expressed himself very gra*;ef'ully to lor 
 
FORMS. 
 
 105 
 
 
 the wiiy in which ho hnd ncttd towards hiro, observing that he ( 
 
 ) hnd fully expected, from their being so close to the const, 
 
 with the wind and sea on shore, nnd the not lyini? better than E. 
 
 N. K. that must h:ive been ohlijjed to have oast the adrift 
 
 to save h:s own siiip, and whieh must have led to the loss of the 
 that also frequently he said, ho had to thank them all for saving 
 
 ihe livt\s of himself and erew and his ship, and observed to in 
 
 tiiH presence ol t; nun of the oflicera, that if lie ( ) 
 
 jrot tlie whole Siilvaize f(tr hiiii-eir Hlone, he would not he too well paid, 
 atii) (his he repcarid on sitfinj: down to dinner, adding that he should 
 never be able to do enough to iicknowledi^e his i:r«titu'le to 
 and his ship's company lor snvin:^ tticir lives ; that durini; dinner 
 
 expressed a hope that they should wet into p.)rt, and re- 
 
 luaikedha did not care how soon, as he was losin;^ his time and sea- 
 son ; that it beoame equally squally towards the evcnin;;, and the 
 jib was thereby oarried away, and sent a boat with on 
 
 his return to the that, they proceeded with the in 
 
 tow during that night, but owini? to the f-.eavy squalls they were unable 
 to letch a port, though they saw the lighthouse bearing N. N. 
 
 west, distant about leagues; that the next day, the day of 
 
 the light bore N. E. by east, distant miles, and at 
 
 o'clock in the moining ol that day they took a pilot, on board the 
 
 and tacked with the still in tow, when the came in 
 
 contact with the and stove her starboard-ijuartcr boat, and car- 
 
 ried away the davit,- that just belore noon again sent his boat to 
 
 a^k to come on hoard to dine with him, and the pilot and he did 
 
 so ; that described to the pilot the danger the had been in, 
 
 and what had done for him, expressing himself gratefully as bo- 
 
 fore ; that returned to the in the evening, and on the fol- 
 
 lowing tuorning about o'clock, being then off went in his 
 
 boat with hands on board the stili in tow of the in order 
 
 the better to assist in getting her into the port of that they took 
 
 a pilot also on board the ulT that they run with a fair 
 
 wind into where the anLhorcu, but not thinking 
 
 that a sate place for the to lie in the state in which she was, and 
 
 with a view to save expense, told he thought it would be best at 
 
 once to go into the harbour of to which he re ulily assented, and 
 
 they accordifigly did so, slipping tiie tow-ropef, when inside the 
 after which, having a gentle breeze, the was taken safely into 
 
 and brought to an anchor tfiere. the having been 
 
 engaged altogether days from the time "I first falling in with the 
 
 until theii arrival at as aforesaid ; that from the time 
 
 of the first falling in with the until her arrival at 
 
 in consequence ol the sickly state of several of the crew of the , 
 
 the surgeon ol the constantly attended and took care 
 
 of them, and thereby greatly assisted in restoring them to health. \nd 
 the said further alleged that the belonging to .lis 
 
 said parties Messrs. , and was of the value 
 
 of pounds, and was insured for that sum, and that in addition to 
 
 having vitiated the policies of insurance, and lia/arded and ran the risk 
 of the loss of the said ship by deviating from her voyage, in rendering 
 assistance and preserving the said ship as before set forth, big 
 
 said parties will still run a great risk of losing their season in the 
 
 and of beina superseded by other )ips, and thereby sutler enor 
 mnus loss ; also, that in addition thereto, they have alreadv sustained in 
 expenses ol repairs, demurrage, and otiier incidental charges consequent 
 on the loss of time, and the damage sustained by their said barque 
 
 in rendering asaiatanoe to the said brig (exclusive of the 
 
106 
 
 FORMS. 
 
 sum of for which the divin iged hiiwsoM nnd oorda^^o were Hold ), 
 
 Tlie sum of And tho anid lastly uUej^ed, thtit no boat 
 
 but li whttle-boftt could possibly have lived in the heu.y sen in whioii the 
 sftid and his crow went to tho iissistanco of tfie but 
 
 which, for soinn such timely iind elB iieiit assistanoo, tho crow, vessel and 
 cargo must have inevitably been lost ; and in verification o( what he so 
 alleged, the said prays leave to refer to tho attestations and 
 
 proofs to be by him exhibited, and that tho Worshipful tho .Judge would 
 be pleased to decree si. oh sum of money out of tlie sum of the 
 
 ngrecd value of the said brig cargo and freiglit, to be due to his said 
 parties as a compensation for the said salvage services and losses, as to 
 him sliall seem meet, together with their expense-, and also to condemn 
 the said parties, and tiic f)ail given on their behalf therein. 
 
 Reply. 
 
 In the presence of [liiseri name of Dc/cndunt's Proctorl Proctor for tho 
 owner of the brig or vessel called the and her cargo, dissent 
 
 ing and denying the allegation of to be in great part true ; 
 
 and he alleged, that on the day of he brought 
 
 into and left in the Registry of this Court the sum of which 
 
 he tendered, together with such costs as may be due by law for the servi- 
 ces ren iered by the said parties, and for the expenses and 
 furtlier sums which may have been expended for the repair of damages 
 actually sustained by the said barque .n the performances of 
 the said services. And the said further alleged, that the said 
 sailed from < n the day of with 
 ■B cargo of , and bound therewith to at which 
 time the said was tight, strong, stauncti and sea-worthy, and 
 fit and well found manned, tackled, provided and in good order and con- 
 dition in all respects ; thac on the and days of the 
 said experienced some gales and heavy sea, whereby she sus- 
 
 tained some damage ; that on the 
 
 day of 
 
 at af)out 
 
 o'clock a. m a sudden gust of wind split her foresail, and that the gale 
 continued, and about o'clock a. m. of the day of a heavy 
 
 sea struck tlie said and carried away her bowsprit, foremast, 
 
 main topmast, and the head of tlie mainmast, and some of her rigginjj ; 
 that with con-iderable exertion the snid master and the crow of the said 
 which consisted of officers and seamen, succeeded in cut- 
 
 ting away and clearing the wrecb., and having so done, they set the try- 
 sail close reeled for the purpose of keepinji the vessel to tho wind, but the 
 sea broke into the said sail, and rent and tore away a considerable part 
 thereof, and at o'clock p. m. a topmast studdingsail was set in tho 
 
 niain-rigging to keep the vessel to the wind ; that the vessel continued 
 under sail and without i-ustaining aiiy turtherdamage ; that about 
 o'clock a. m. of the of the said month of tie said 
 
 vessel was in latitude and longitude and was lying to for the 
 
 pnrpt)Se of rigging a jury foremast and bowsprit in order to make sail ; 
 and whilst the said vessel was so lying to, and about o'clock 
 
 a.m. a sail was discovered, which afterwards proved to be the barque 
 of that at such time the sea was nut inakin;; a 
 
 clear breach over the said vessel, as is alleged, on the contrary the fire 
 was burning in the galley, where the crew had just l)efore cooked their 
 breakfast; that the said vessel's colours were not hoisted until alter 
 tho said barque hove in eight, at which time they wore 
 
 hoisted to show the national character of the vessel (the 
 having previously done the like), and not as a sijrnal of distress, the 
 union on the said colours being upwards and not downwards, and some 
 of the crew of the were standing in the rigging and en- 
 
FORMS. 
 
 lOT 
 
 ^aged in reotinfc n poiik liallynrd for the purpose of lioiHtin^ n trysail ;. 
 tliut the then wore ship, and came to the vvindwnrd ot the 
 
 nnc' the innstcr of the by meiins ol n speuiting- 
 
 trumpet, naked whether ho should lower his boat down, towhioh the said 
 answered, " No." three times, and inquired, us is usually 
 done when ships meet, what was his longitude ; that the then 
 
 wore shi|) asjain, and came to the leeward oi tho and showed hi* 
 
 longitude chalked on a board ; thatflie.snid the master, then in. 
 
 (iuired Irom what meridian, and was answered from (iroeuwieh ; that tho 
 then passed astern ot tho ai,d hove to, at too great a 
 
 distance tor hailing, upon which the said standing on the quar- 
 
 ter-deck ol the waved his hat, and at the same time held up a 
 
 speaking trumpet, thereby meaning to iniimato to the said that 
 
 he wished tho to come near enough to tho to enable 
 
 him by means of his speaking trumpet to speak to the persons on board 
 the but not as a signal lor a boat to be lowered ; that at this 
 
 time a Bhip passed dose under tlie stern of the and inquired 
 
 Irom whence she came, and when she was dismasted, upon which the 
 said answered, that she came irom and had been dis- 
 
 masted the preceding morning at o'clock, and the said 
 
 inquired what was the longitude of the and the ship then sailed 
 
 to the and the saiu on the next day informed the said 
 
 that thecaptain or master ot the said ship, did at such tiiro 
 inquire of him the said whetiier he intended to stay by the 
 
 and that he the said told hnn that he did intend to do 
 
 so ; that tho ship soon alter passed the and tho then 
 
 lowered her whale-boat, and the said the master, and 
 
 of the crew ol tho came therein to the stern ol tho but 
 
 the said denied that the said and the said men 
 
 then wore their shirts and drawers only ; and he alleged that the said 
 wore blue trousers, a waiscoat, his stockings and a cap, and 
 that all the said men wore jackets and trousers, or Guernsey Irocks 
 
 and caps, and were dressed as sailors usually are in boats in severe weath- 
 er, and when no danger is apprehended ; that although the sea was then 
 h''i;h, it was not tremendous, nor did the wind at such time blow a heavy 
 gale ; that the men belonging to tho who so came on board the 
 
 declared that the seath-'ough whicli they had passed was nothing to that 
 in which the whaling ships sometimes lowered their boats when fishing 
 for whales, and that they apprehended no danger ; and the said 
 denied that when theaaid so came on board the said vessel 
 
 the said had any intention whattTer of leaving his 
 
 said brig, and nlieged that he did not consider her condition and situa- 
 tion was such as to render it necessary, and he luri;her alleged, that 
 whilst the said was in the snid whale-bout, at tho stern of the 
 
 he, in conversation with thesp'd observed that the 
 
 weather looked very bad to windward, and it appeared as it it would 
 blow another gale ot '-"ind, and if so, he should not be able to take the 
 said and his crew out of the vessel, anj the said in 
 
 answev to such observation, declared that the condition ot the 
 was not such as to render it by any means necessary lor himself and crew 
 to quit her, and that without assistance she might safely begot into port; 
 that the said then asked what he the said would do 
 
 with them, if the wind should blow a heavy gale, and he and the crew 
 should be obli(!:ed to leave the vessel ; whereupon the said in 
 
 answer told him that he would land them at the first port he could make, 
 or at that the said then asked the said what 
 
 he thought had best be done, to which he answered, that he would stay 
 by the and when the sea became moderate he would take her ia 
 
■■■■ 
 
 BBH 
 
 108 
 
 FORMS. 
 
 tow, or A convorflation tu tliat effect then pasHed between them, and it was 
 agreed that ho sliotild do i^o ; tiiut on the Siiid ci)inin<r on board 
 
 the the said took hiiu l).v the hand and thanked him 
 
 ior coming on board, but did not aH is alleged tell him ho thought bim a 
 madman lor Httem|)tin<r to lower his boat in Huch weather ; that the sea 
 did nut at such time break over the and that shortly after the 
 
 Maid came on board it was agreed between them and the said 
 
 thai Home niiil Mhould bo <;ot on the and in the 
 
 course of the day a jib-boom was converted into a bowsprit, and a jib- 
 sail x(?^ thereon, and anotherjib was set on the mainstay as u staysail, 
 and a topsail (or a mainsail, and a damaj^ed trysail wore also set, which 
 was effected by the joint exertions ol all the crew ol' the who 
 
 worked and exerted, with the exception ol three men, viz. an 
 
 ordinary seaman, the sailmakcr, and the cook, who 
 
 were ill below ; that the crow in so doinjj; were assisted by the said 
 Hii.l one of bis 'loat's crew who also came on board the 
 tbataiiDiit I) locic ill the alU'i-nooii ibo said a'<d his 
 
 man who bitd so oame on board lett Ibo and returned in the 
 
 atbresaiil boat to ibo such boat, nitii tbo oUicr men 
 
 tiu-relii, iiavitiy remained at the stern of the that sbnrlly before 
 
 the said so (jnittod tbo bo requested the sai<l 
 
 to fj;ivo him a copy of his manifust, which lie aceordinwly did ; 
 
 tliat in the oveninj; the sea became moderate, and continued so all 
 111 ,ht, and the weather was ttno and starlight, and there was no rain 
 until the next, mornina;, when there was a sli<i;bL shower, without any 
 squall t)f wind, and that with the sails which were set the sailed 
 
 duriiiy tlid nij^ht al the rale of about knots per hour ; that the 
 
 kept, near iho and both vessels carried ii;j;ht8, and in 
 
 the course of the r.if^hl three sail of vessels with lights came very near 
 the that on the next morning, lining the day uf 
 
 the sea having gone down sulliciently for the purpose, the 
 was taken in tow hy the as agreed, by means of a hawser 
 
 hauled from the to the and ajury forenia.st was at 
 
 the suggestion of the said constructed and set up during the 
 
 day, and a spare fore-i()|)mast for a foremast, -.iid a spare jib-boom for 
 a bowsprit, were set up aM<l rigged, and sails set thereon ; that sucli 
 worl4 was performed by the crew of the with the exception only 
 
 of the said " bo still continued il!, (tbo said and 
 
 having recovered sulHeiently to enahlo them lo work,) and with the 
 assistance of the master and maieof the that about o'clock 
 
 tiiat afiernoon the said master and seamen of the returned on 
 
 board their said vessel, leaving the said mate on board the 
 that tl'. said sails which were so sot at the head of the vessel, with the 
 '.;. i -sails which were standing, caused the to steer well un- 
 
 der command, lo answer tbo helm, and to go with the wind a-beam at 
 the rate of knots per hour ; that the said vessel con- 
 
 tinned to tow the when the weather which was generally 
 
 moderate, permitted, and that by means of sailing and towing, and 
 with a vviiKl generally north westerly and without squalls, and a sea 
 generally moderate, ihesaid brig with the barque 
 
 arrived in at about o'clock in the morning of the 
 
 day of And the said further alleged, that after theaaid 
 
 day of the did not experience any heavy squalls, 
 
 and that no o(!cnrrencH of any consequence happened, with the excep- 
 tion that the tow-ropes, one of which belonged to the and the 
 other to the breaking at once, each in the course of the tow- 
 ing ; that none of the crew (with the exception of ) was, after 
 the taid day of in a sickly state, and that the surgeon of 
 the came on board the but twice, and that the last time 
 was on the day of when the said vessel was ott" the 
 
 light-house, when be came on board the and gave some 
 
 advice and medicine to and the first having » cold, and 
 
FORMS. 
 
 109 
 
 tlio 8f(oncl a soroon his log. And thosaid fnrtliGrallrKcd, tliut 
 
 tlie would Mot havo been lostit'tlio Imd not coino lo her 
 
 HSBistanuo ; and tliiil the rreiw of tlio said ship would witliout their 
 assistunwo hhvo b(>(tii pnaldiul to sot up and ritf tlm jury-Piasl, and lliorc- 
 by the brig wouhi in all proliability liavo ro:i(!hfd or and 
 
 tliHtdie tlid not run any risk of I inir lost by rondorinu; the 
 
 asBistance to tho lliat Iho rotnainod at until Iho 
 
 day of notwithstandip^r tlio wind was ^ronnrally from 
 
 tbo north-vvest to nortii-oast, and rav(»nral)lo lor hor to havo loft 
 
 and pnnicoded «)n licr voyaj;e. And lio furlher alle^.i,!, thattlio 
 policies of insuranco of tho said liavo wit l)o<!onio viiiat(>d by hvv 
 
 having deviated from her voyage; and that liio said liarfjuc lias pur- 
 sued Iter lishing adventure without any additional preniiun having 
 been paid for hor insuranoe; and in vchlieation of what he so alleged. 
 he prayed leave to refer lo tho attestations to bo by him exhibited, antl 
 he prayed tho Worshipful the .Judge would bo pleased to proiu)unce 
 the lender made l)y him the said to be a sulliclcnt eoniponsa- 
 
 tton for tho services rendered by the said parties, and to con- 
 
 demn Iheni in the costs of his said parties, incurred and to bo 
 
 itujiiired sul)se(juent to such tender being made. 
 
 Jiejoindei , 
 
 In tho presence of dissenting and denying tho allegations of 
 
 {Insert H(imc of I'rovioter's J^roctor) to be true, aiul further alleging 
 that the said parties, Messrs. , and Iho owners 
 
 of the said liarquo having received a letter from en the 
 
 day of staling that he had just arrived at 
 
 with tiie brig in tow; liis said parties immediatoly, to wit, on 
 
 the same evening, dispatched tbo overseer of their shipping 
 
 department, by tlio mail to for the purpose of inspecting and 
 
 seeing ti> the said being immediatel}' refitted and sent to sea 
 
 again; that the said arrived at on the evoninii of the 
 
 day of the said monUi, and took every means of carrying hi» 
 saitl instructions inli> (execution, and that ail due diligence wr.s there- 
 upon used, as well in relittin\j tho said barque as in pro(!uring tlio re- 
 quisite survej', protest and evidence for this Court. And ho further 
 alleged, that the said barcjue ultimately left on the 
 
 day of said month of in tho prosecution of her voyage, and not 
 
 on llio day of tho said month, as is untraly alleged by 
 
 And ho lastly alleged, that it was impossible under tho circumstanoos 
 for liie saiil barque to havo proceeded to sea sooner; whereforeho 
 alleged and prayed as before. 
 
 In tho presence of dissenting, denying and alleging as be- 
 
 fore ; whereupon the Judge assigned to hoar, on petition of both 
 Proctors, on tho day of 
 
 (Signed) 
 
 (Signed) 
 
 No. 3G [148.] 
 
 For »i of ACT on PETITION" in Objection to the Paifment of the 
 Amount of the Bond given for the safe Rettirn of a Vessel to the 
 Port to which she belongs.'^ 
 
 In the Vice-Admiralty Court of 
 
 [Insert 7iaines of Ship and Master. "l 
 On which day appeared for and two of the 
 
 parties uionished in this cause, and alleged that his said parties were 
 
 * It w^uld have been equally comiictent and more usual for tho Promoter to be- 
 Kin the " Act on Petition,'' and it is impenitivo in him so to do, if the Defendant 
 require it. 
 
110 
 
 FORMS. 
 
 owtuMH of i),Trfs oftlin siiil s!ilp tuul that on tlio 
 
 (lay i>{ tuid an siirrtics lor his Hnid pirtit's ontiTcd into n ('((rtiilii 
 
 r(c(>^niziiii('o to Iho parly fX'oinoiiii;; lliis canst*, tliHowiior of 
 
 tho rcinaininK ftarlN of tlio said ship, in llm Nnin of to 
 
 aiiHWHr liio ui'tion hronnht in ihis Conit iiv tiio saiil tn rfstiain 
 
 tlio said Hhip front proocodini; to son unlii hail .slionid Iim (riven for 
 MiH Halo r«tnrn of liiu Haid ship lo tho port of to llio amount of 
 
 tin) siiarc of liiii said tJH^i'cin ; and lli(> said ih-clarcd 
 
 ii(^ ohje(!t(ul lo Iho f)ayniont of tho said Huni of piirsnant to tlio 
 
 tonor of tho Haid monition, and prayod to l)o hoard on 'd>< [>otilii)n in 
 oljjeoti >n thorotii, and ho thou lnont,'lit in tlui said sum of as 
 
 l)oing tiio ainonnt of llio said l)«il snliJo(!t to Mio dooroo to l)o mailo in 
 thlscranse; and tho said in support of snoh his ohjootion fiir- 
 
 tlior ailo;<od that liis said partios hoin^ dissatisllod with tiio acoonnts 
 of tho said wlio was niana^ini^ owner of tlio sai I Vissnl o-i n 
 
 previous voynj^G to and sucli aoiiou'its haviti.j; Imcti m.i lo tlio 
 
 mil>j(!(!tof roforonoo, upon wliicih roforonoo a docision was jriven by 
 the roforees in favour ol his said partios and ai;ainst tho said 
 bis said parties havinf? a malorliy of interest in tho said ship detor- 
 mined to take upon themselves the management of lior ; that upon 
 sue!) their intention l)einK niado l\n<)wn to the said lie arrested 
 
 the ^^aid sliip together with her taoUie, apparel and furnilnro, in this 
 Court, until hail should hojiiven in tho sum of hoini; thonlloj^iuj 
 
 value of his tho said 's share in the said shifi for tho sale return 
 
 of tho said slii[) to tho pr.rt of to which port she l)eloii}j;od ; 
 
 that such bail was aooordjnuly p;ivon by the sur(!tios aforesaid on he- 
 half of his said partios on the aforosaiil day of and tlie said 
 ship was thereupon deoreod to bo released Irum tho said arrest; that 
 upon his said parties takin;^ possossion of tho said ship hor sails wore 
 not on board, but liad been romovod on shore b\' tho said and 
 placed by him in the custody of of sailmaker, who 
 refused to deliver them up without tho authority of the said 
 that repeated applications were made to tlio saiiT tn (2;ive an 
 authority lor the delivery of tho said sails, with which applications ho 
 refustd to comply without allo^iiif^ any reason for such his refusal, 
 nor did the said claim to detain the said sails on any other 
 ground than tho M'ant of an order from tho said to deliver. 
 And the said further alleged, thar tho said persons porsisMnfr 
 in such refusal, the Worshipful llio Judge of this Court, was 
 pleased on the day of to decree a monition a.ainst tho 
 said and monishing them to dolivor up the said sails, 
 or to appear and shew cause to the contrarj', and such monition hav- 
 ing been personally served on them, was on tho <lay .>f 
 returned into Court, but no appearance was given thereto. And the 
 said further alleged, that notice having boon given to the 
 Proctor of the said that tho said ship was expected to be in 
 readiness to proceed to on her then intended voyage on or 
 about the day of the said month of and tliat unless the 
 said sads were immediately delivered up, an attachment svould bo 
 
 firayed to issue against them on tbo ensuing court day, the sails be- 
 onging to thosaid ship were then, and not before, put on board ihe 
 said ship. And the said further alleged, that immediately 
 
 upon the release of the said ship from the aforesaid arrest on tho 
 aforesaid day of his said parties advertised for freight and 
 
 passengers for the said ship upon a voyage to and divers per- 
 
 sona engaged themselves to go as passengers therein, and made de- 
 posits in advance of tho amount agreed to bo paid by them lor their 
 passage, and divers others engaged for freight to a considerable 
 amount for goods agreed to bo shipped by them on their account, and 
 his said parties had we.l grounded expectations that the said ship 
 would make an advantageous voyage, and the ship's sails having as 
 aforesaid been obtained she was about to proceed to to com- 
 
 plete her lading and receive her passengers on board, when on the 
 
 ■liiMMiii 
 
F(»RMa. 
 
 Ill 
 
 I 
 
 Htiiil liny of tli(< HHid nioiiiii nf Itolir^ the very dity (mi 
 
 wlilcli l» vvii^ iiili'iido 1 Hid NHiii >iii|i hIuxiIiI |)d>ctH..| Ut h< 
 
 rtlurosali!, tlwinaid olitaincd an ox p.irto lujinuitiun from thn 
 
 <'()iiit <d" ClianctTy, wlifrohv IIk' Haid and mid Ilir-Ir 
 
 aai'niH vM'ic ifsirniiH'd I'l nm imvii^atiiiur, «<Midlni.'. fliartorlntif or lr»«ii;lit- 
 iiii; till' said nlii|> from tlin saiil port nf in :u»y ollu'r port, o. on 
 
 any voya;;*' what>>oo\ or, ami als(» Iroin <!oiitraf'flnu any dclits or oiilcr- 
 liiu info any ('ii!ia,r('inr'i>ls or lialiilitii's whatsnovcr as owiuTs of Iho 
 hmnI ship ; thai such ihjiiiiclioii was nl)laitu>d l)y llu* said upon 
 
 a hdl til(*(l Ity him on iho (lay of Iho Had tnniili (d' in 
 
 which Idll no mention whatever w i.s iii,\dc of ihe pnt^'cdinys thcntti- 
 forc had liy him aL'aliist th« said ship in this ('mirt. or of his the said 
 havin;^ olilained sscuritv tiitTcin l>y the afmsahl hail to tim 
 fnll pxleni of hin share for tin* safe return of ihenal 1 ship as af«roHaid, 
 hnl siK'U fact waH eiitir(dy suppressed, nor u as any notice whatever 
 jziven to his said parties, or lo either of them, of ihe intention to llio 
 sneli hill, notwttliHtunding thai the said one td' Ids said partios, 
 
 HH well as the sidd were earrymn on business in Ami 
 
 the sHid further nlloKe<l, that an answer iuiviu^ l)oen triven to 
 
 HUili l)ill, and afHdavits tiled on l)otli Hides, the matter (;Hmo on for 
 Iiearinj; in tlio !-aid (."ourl of Chancery, the d»y of thesaiil 
 
 montli of when tlio said injunction was di!4solved ; and Ijo fiir- 
 
 tlier alle;:ed, that the said as well previous to as during thu 
 
 said proceeding's in the Haid Coiiri, of C'iianeery, for tiie very purpose, 
 aH he frequently declared, of indueinjx persons wlio liad, or projiosciil 
 to make Hhlpments of yoods, to witlidrawor dpcHne makin}^ the. same, 
 clreiilatod Hie report tliat tlio sai ' sliip was unsoaworthy, and unlit for 
 the voyaue, upon whiuli it was j/roposed to send Iier into do(!k for re- 
 pairs ; and llu* said moreover proposed and applied lo iho sur- 
 veyors employed by the underwriters, and endeavoured to prevail 
 upon them to report the said shi|) to be nnseaworthy, wiiicdi tliey re- 
 used to doj that in coiiHequence of the said reportsand ofihesaid pro- 
 ceed Iiikh in the Court (d Chancery, many of tlie said passenf^ers did 
 decline nailing in tlio said ship, and divers others of thosaid persons 
 who liad engaged to make shipments of goods upon freight, also with- 
 drew from their engagemeots and made such shipments in other ves- 
 sels. And tlie said further alleged, thai in consequonco 
 of the said inju:iction, the said ship was prevented proceeding to 
 In the prosecution of her said voyage on the said day of 
 as il was propoaed and intended she should have done, and by which 
 she would have been enabled to have proceeded to sea in the further 
 prosecution of tba said vo3'age at the latest, but being sto^.ped by the 
 said injunction, she did not react. until the day of 
 the month of following, and did not in consequence set sail in 
 the further prosecution of her voyage until the day of the said 
 month of that on the da}' next following, sheencountered a 
 heavy gale of wind, and having sustained considerable damage, was, 
 with the assistance of certain boatmen, carried into and asum 
 of was awarded for salvage and paid to the said i)oatmoii 
 by his said parties, and in addition thereto a furtlier considerable sum 
 was also paid by them for repair of damage done to the saiil ship by 
 the said gale; that the said ship having undergone such repair, she 
 a^jiaiii proceeded in the prosecution of her said voyage, and arrived in 
 safety at her port of destination, and was proceeding on her return to 
 tiiis country with a full (;argo, when she was wrecked near 
 and totally lost. And tlie said further alleged and humbly 
 submitted, that the said having sought and obtained security 
 in lids Court to the full amount of his share and interest in the eaid 
 ship for her saf« rnlurn to the port of was by law bound to 
 abstain from all interference in the concerns of the said ship, and 
 from any act or acts whatsoever to the prejudice of the said ship or of 
 his the said parties as part owners tliereof, and is bound to 
 indemuify liis said parties for all such loss, costs, damages, salvage, 
 

 ^ 
 
 »•,.!• tb»> '•■*"^ ill*' P**" V 
 
 puvcliasecl by ui 
 
 
FORMS. 
 
 \n 
 
 ' I 
 
 eiy •*"' 
 ,e of t\»P 
 
 uwni^ <»»■ 
 iviu\ 
 
 o hi^ «*'" 
 
 in HoinkJ 
 
 hiul been 
 
 in tliiM cniiNO, anri who whh thn u^t'ot of tlio hhIcI hlH Hktl<l pnrty 
 
 on rliii rcliirii of tilt) 1 Id t<> whn (IpnIpoum of iii><titiit. 
 
 iiit{ till liii|iiiry iiit(t tlio niiiiHo n{ thn nhIiI coiiipluliit ; Ihiit, tlio sniil 
 
 upon lt>itrniii>; that tl n prtv isldus mo (toinpliiitind ot IihiI hoHti 
 MiippllotI tty thn r4iti(l rt*riiN«i(l tiMifl'Dnl IhoMnid Hriy 
 
 MMltftiiiicn or iiirorinntioii wli'Tohy ho iiii>{ht chiltn t'roiii tho Htiid 
 
 Hii Mccotiiil (if, Hnd Hll<>wiiti(n< (or, thn doHclnnoy in the H;tid 
 provlslciiiH; thut hl>» said party tlu'ti (or tho llrHt tiino (llst;f)V('rod that 
 tbit NHid liad tran-tV'rrcd hln said Hharos in tlio Haid 
 
 Hhij) to tlio ^Hhl H<4 txtforo Mi««iilion()d, Hiid tli.it tho M.iid 
 
 b»A HftorwardH, while thn Maid ship wan on lior said voyuKO, Nold «n4 
 trRnHf«rrt<«l ono of the said shares t<> tlio Maid that his said 
 
 party the said porsiHtini; in his ini|iiiriofl roNpofMlnv tho d)4fl> 
 
 oinnc}' tn tlio provhion.s Hnpplii'(| to tlui said ship hh alorosaid, tli9 
 KHhl and thorBiipon canui IV>rw;'.rd In their capacity 
 
 ot part owni^rH of thn nald ship, and mi Ic varlnns oli|»cllons to iho 
 acoonntH of his aaid party, as niinayin^ owner of iho said «l'lp, 
 diirinir hnr said voyaKO ; and the said ». Iniitted that the snid 
 
 aocount.s of his Hail) party, n8 well as all mutters in diHpntn h(>tw>fcni 
 him and the ^aid Mossrs. and ^vere suhserpiontly, by 
 
 coiiHcnt of all purlicH, rol'orrod U(<t)erally to nrltil ration, Inu he dHiiind 
 that 111 on Hucli ruAnuiKut the ducision was i^iven In favour ol the "iiid 
 
 ami for hn exprfissiy alleuod that the arhitrators to 
 
 whom siicli inatlorH wt-rv rchurcd hv tlieir award in writing, mado 
 am.' pnliliuhud iinthtr thoir re^ncotive JiandN, in or al)ou> thn 
 day of uave their (leciaion upon thn only maturial orintal 
 
 iHsne lietween hi-t Haiti parly and the saui and whiub 
 
 related to thn Ucntlt'dKn on l)oard tho said ship, wholly In favourer 
 his said party, and ordnred that tlm wholtt char^n ami expenses of 
 tUoir Muid award should be |>aiU and hornn Ity thn said and 
 
 And the said further all^^ed, that the Haid 
 
 and liaviu;/ then rocni'tly purnhcsnd ono other ahare 
 
 of tho said sliip, and Ihnrohy henainn posse.ssed of a majorit}' of inter- 
 est in tlio same, his said party for tho purposn of avoiding the disputes 
 which ho foresaw would probably arise between liiinsnl.'and the snid 
 and In respect to the conduct and tnanagoment of 
 
 the naid ship's concerns, made proposa.s to the said Messrs. 
 and for the sale of hi- own shares to tbeiii or for tho purchase 
 
 by biin of the shares of the said Messrs. and at » 
 
 prce to be nainad by either partv, or on any other terms by which the- 
 transfer of the whole of tlie said ship to either party might be amica- 
 l)ly arrany;eil. but thn said Messrs. and constantly 
 
 rjfused to accede to sucharrangomeDf. And the said further 
 
 alleged, that the said and .having T/ithout any con- 
 
 Hultution with his said parly, made preparati<: s f«r sending tho said 
 ship on a voyage to and for that purpose having ordered 
 
 considerable and expensive alterations to be made therein, hi» said 
 party conceiving tliat his .nterest was likely to be prejudiced by such^ 
 voyage, signified his dissent to such voyage to tho said Messrs. 
 •nd but no attention havi; t been paid by them to such notifi- 
 
 oalion of his dissent, his said party in the month of caused the 
 
 said ship, her tackle, apparel and furniture to be arreated in this 
 Court until bail should bo given for the safe return thereof to the port 
 of in the sum of the value thereof, being the sum at 
 
 which his said party had olTored to sell his saiil shares, and afr.er 
 
 tho same rate to purchase the shares of the said Messrs. and 
 
 that uuch valuation iuiving been admitted on behalfof Messrs. 
 
 and bail was acccordingly given on tho day 
 
 of the s|ld month of and the said vhip, her tackle, apparel and 
 
 furniture were thereupon decreed to be r<^>ieased from 3uch arrest; 
 and the said adoiitted that upon the said ship being released 
 
 from arrest as aforesaid, her sails were not on board of her, but were 
 then in tiie custody of the said uf iforesaid, stil- 
 
 8 
 
 •V 
 
114 
 
 FOUMH. 
 
 r 
 
 / 
 
 maker, in whoso storehouse the samo had, jh is nsiinl f>jt similar 
 ocuasions, been deposited iininediately on the return oftlM^ sulci vessel 
 from hor last voyage in the inontli oi as aforesaid, for ilio safe 
 
 custody, and not with a view of otJering any ohstacle to tiie einploy- 
 meut of ;;he said vessel. And the snid further admitlnd, that 
 
 the said did on tl»e ncoasion aforesaid refuse lodeliver 'ip the 
 
 said sails without an order from his said party, tlie said and 
 
 that ap(>liuation was made to his s'lid party to ^ive such order to the 
 said and that his said party (Md at lirHt decliue to com ply v. uh 
 
 such application lor tho reasons hereinafter alleged, and that a nioni- 
 licu to the eflect alleged by llie said was extracted and borved 
 
 on his >i%ic, pally and the said ar>d that on or about the 
 
 day if ill tlic said year the said sails were put :>ii board 
 
 ilu' said sliip, but she said exprfssly al!ej;ed that the said sails 
 
 were so delivered up in virtue of an agreement entered into bolwoen 
 biM the said and tlie I'rotrtor of the said Messrs. and 
 
 that all proceedings upon the said monition should be aban- 
 doned, and that ihu costs of tlie said monition should be paid by the said 
 Messrs. and And the said lurtlier alleged, 
 
 that shortly after bail bad been given for the safe return of the said 
 stiip to as ai'oresaid, information was ^^iven to his said party, 
 
 the said that the saiii Messrs. and were 
 
 causing various expeirdve alterations to be made in and aliout the 
 said ship, particularly by the erection of a poop, and the enlargement 
 of the top-gallant forecastle and the scuttles, which said alterations 
 liis said party was satisHed, from bia knowledote of the said ship ac- 
 quired as aforesaid, were calculated matertally to weaken the said 
 ship, if not to render her unseaworthy, and at the satue tiixto that they 
 were neglecting to make sundry repairs, especially as to her copper 
 and caulking, of which the said ship stood in absolute need ; that bis 
 said party did in consequence from time to time during the course of 
 su'^h alterations, and previous to the completing thereof, represent to 
 the said Messrs. and and to their agents, his oi>jectioDS 
 
 to, and his apprehension of danger irom the measures tucy were 
 taking in respect to the said ship, and particularly by a letter bearing 
 date on or about the day of addrassed to the said Messrs. 
 
 and the said pointed out fully and ^pecitically 
 
 bis objections to the same ; that the said Messrs. and 
 
 having paid no attention whatever to such remv^istrances 
 of his said party, but on the contrary persisting' in their intention of 
 .sending the said ship to sen witb the alterations and without there- 
 pairs aforesaid, and consequently as bisjjaid party conceived in an 
 UDseawortby state and condition, bis said paTty in ord«r to protect 
 himself, us well from the liegal liabities wbitHi would allaob to bim as 
 the registered owner of a Tessel proceeding to sea in that condition, as 
 from the charges and expenses incurred in and about the alterations 
 made \n the said ship, and from whicli be bad dissented as aforesaid 
 , (againfjt which liabilities and cliarges or expenses the securUy given 
 to bis said party in this Court aforesaid for the safe return of tike said 
 ship, atforded him no protection or indemnity whatsoever), md file 
 .)i\» bill in the Courtof Chancery against the said Mesttts. .\ and 
 
 \v wherein after-setting forth the facts berein-befure alleged on 
 
 bebalf of bis said pbrty, bis said party prayed, " That the said 
 and m:igbt answer the said bill, and that an account oiigbt 
 
 be taken of the costs, charges and expenses incurred and sustained in 
 the said alterations iu tbesaid ship, so done by the dire<-tions of the 
 said aiiid: and tbat tbey migut be decreed to bear, pay 
 
 and sustaiti the whole of such costs, charges and expenses, and tbat 
 an account might be taken of all others the debts, lisbilitiei aiid •o- 
 
 Sagements, wbicb| under tbe circumstances iu the said bitf- (and 
 sreiu-before mentioned), wer<3 iucuj'red, entered into or contraptad 
 by tbe said and as part owners of tbe said ship', and 
 
 that tbey might be decreed to pay and discbarge tbe whole of suvh 
 
 / 
 
 '■■■^'■. 
 
F0RM3. 
 
 Hi 
 
 lar 
 sel 
 .afe 
 ov- 
 liat 
 the 
 ,uid 
 tbo 
 ,'. ith 
 
 tveJ 
 
 sails 
 
 ween 
 
 ami 
 
 aban- 
 
 le sai<l 
 leged, 
 
 10 sa>« 
 party, 
 
 were 
 jut the 
 {ouient 
 lationa 
 hip ac- 
 he sala 
 lat they 
 • oopper 
 that bis 
 ^urse of 
 resent to 
 [)joction8 
 cy were 
 
 hearing 
 
 1 Messra* 
 
 jciticftlly 
 
 and 
 
 iistranceH 
 
 ontlon of 
 
 lit the re- 
 ved in an ■-< 
 to protect 
 
 to him «* 
 idition, a« 
 alterations 
 aforesaid 
 
 f i»e said 
 .V^ild file 
 ;, and 
 alleged on 
 
 tunt miB\'t 
 istained in 
 ana of the 
 , bear, pay 
 ,8, and tbal 
 [eg and •»' 
 ' bilt (aod 
 
 d ship, and 
 ,ole of 8»«h 
 
 del)t9, liablUtles or enqra^ements, or Indemnify the said 
 therefrom ; and that in the mean time the said and ' 
 
 their agents and servants might be restrained by the injunction of llMt 
 Court from navjgatincr, sendinp, chartering or freislitinR the said ship, 
 from the port of to ajy other port or on any voyas^e whatso- 
 
 ever: and that thoy might also be restrained, as such part owners of 
 the !^ald ship, from contractitig any debts or entering into any engage- 
 ments or liabilities wiiatsoever." And the said f'l-tlier 
 Hllt»<_'nd. that wh '.e his said p0~*y was preparing for suoli application 
 lo I lie Court of Chancery, he Wns required by the said Messrs. 
 and to give an order to the said for the delivery of the 
 sails oft' 9 said ship as aforesaid, and that his said party did, under 
 the advice of Counsel, decline at such time to give such order, or per- 
 sonally to interfere in an/ manner between the said Messr*. 
 and ' and the said denied that any delay whatsoever 
 was occasioned in the preparationof'he said ship for her said intended 
 voyage by the said refusing to deliv-^r up llie sails of the said 
 ship as aforesaid ; for he alleged that the said sails w^re put on lioard 
 the said ship long before she was in readiness to pr<'ceed to sea, an(i 
 that the said ship did not in fact get out of the into the river 
 until some time after the delivery of the said sails, to wit, 
 on or about the day of following. And the said 
 further alleged and admitted, that hl<* said party having filed affida- 
 vits in support of the allegations contained in his said bill in the said 
 Court of Chancery, in order to expedite the hearing of his complaint, 
 and according to the practice of the said Court of Chancerj^ but in 
 nowise irregularly, did on or about the day of applv 
 for an injunction from the said Court, in the termsof the prayer of his 
 aforesaid bill, and that- the Court, having heard the aforesaid affidavits 
 and matters in the said bill, granted the said injunction. And the 
 said further alleged, that the said injunction was thereupon 
 served on the parties against whom the said was granted, with all 
 possible expedition ; and that he expressly denies that there was pny 
 unnecessary delay either in the application for a rervice of the said 
 injunction, or that his said party had any other motive in the obtain- 
 ing and serving the said injunction, than a due regard for the protec- 
 tion of bis own interest ; and the said admitted that on tlm 
 of the said month of the said Court, having heard 
 affidavits on both sides and Counsel thereon, dissolved the said in- 
 junction. And the said further alleged, that the proceedings 
 thentuforo bad in thi^i Court, and the security obtained thereon to the 
 amount of bis said party's interest in th<^ said ship for her safe return 
 as aforesaid, were, under the advice of Counsel, omitted to be stated 
 as irrelevant to the said question in the said Court of Chancery, the 
 proceedings therein having been in»iltuted solely for the protection 
 of his said party afiiainst the liabilities to which he might be exposed 
 by sending the said ship to sea in the condition, and under the circum- . 
 stances herein-before stated, against wtiich the security given in this 
 Court wi^uld atlbrd no protection whatever ; but he 'denies that the 
 facts of such proceedings were suppressed in the said Court of Chan- 
 cery, ior he expressly alleged that such facta were fully stated in the 
 instructions given to his said party's Counsel in the said Court, and 
 were repeatedly and distinctly stated and commented on in argument 
 by the said Counsel, and were also frequently alluded to by the Court 
 in the course of the said proceedings; and the said denied 
 that bis said party either previous to or during the said proceedings 
 in the said Court ot Chancery, or at any other time circulated any re- 
 port or made any repre^ientatioQ that the salcl ship was unseaworthy 
 and unflt for the voyage on which it was proposed to send her, for the 
 purpose of inducing persons who bad engaged fur their passage not to 
 sail in the said ship, or of indaclng persons who had proposed to make 
 shipments of goods by the said ship to withdraw or decline making the 
 same, or,tIiat his said party gave any publicity whatever to the proceed- 
 
■.;,uT}^li..-m-i-..^-> ■ ..--Y^ -*»6X*--,f,,^ 
 
 FORMS. 
 
 r Sia «o surveyor. «*^';-/rrfhTrepV^^^ -m^J- ^o 
 "ecuS/.;;- L"- rrU^°?^ - "> tS.Xr'^S, party -• 
 
 
 '8 oojevitiwo.. - J Court of Chan 
 
 Sit.— •»■"""•' . 
 
 I 
 
FORMS. 
 
 117 
 
 son- 
 rro- 
 ers, 
 said 
 tlon 
 said 
 jlon, 
 itted 
 hich 
 day 
 )fthe 
 t pur- 
 state 
 p evei' 
 )V any 
 iry to 
 irther 
 ^e said 
 itly re- 
 d ship 
 oyage ; 
 fiug to 
 lourt of 
 vit, the 
 n for so 
 lions to 
 mpetent 
 rty was, 
 •s. And 
 
 in the 
 :t follow- 
 to 
 Bxamlned 
 »pper and 
 ,ae of the 
 ship pro- 
 i of Chan- 
 ;o be done 
 id voyage, 
 by far the 
 id the said 
 id such re- 
 return voy- 
 went 
 Qt to pieces 
 dleged, that 
 lis Court for 
 iforesald, or 
 (t-raentioned 
 
 iurance to be 
 irty's shares 
 rtly after the 
 
 a bad become 
 ,ythls Court; 
 
 that on such application being so made to the said he the 
 
 said never objected to any of the proceedings taken by his 
 
 said party in the Court of Chancery as aforesaid, nor complained of 
 any loss sustained in consequence thereof, but on the contrary fully 
 recognised and admitted the liability of himself and the said 
 in respect to the said security, and merely requested his said party to 
 refrain from urging immediate payment of the said money, at one time 
 alleging that the said was absent in :'nd at another 
 
 time that the saia had not yet arrived from but pro- 
 
 mised that as soon as the said and had arrived, and 
 
 the said Messrs. and had settled with the under- 
 
 writers for their insurances on the said ship, the claim of lus said party 
 in respect to the said security should be immediately discliarged. And 
 the said further ailegecl, that his said party in consequence 
 
 of such the request and promise of the said refrained at such 
 
 time from taking any proceedings in this Court to enforce the payment 
 of the sum for which security had been given as aforesaid, but Uncling 
 in the month of following that the and had 
 
 then been respectively for some time in this country, and tliat no steps 
 were taken or proposed by the said and for the 
 
 settlement of his said claim, and the said further alleged that 
 
 the said and not having named any time when 
 
 they would come to a settlement with his said party, his said party did 
 at lenjzth on or about the day of last move this Court to 
 
 grant its monition aijainst the said Messrs. 
 
 and 
 
 and 
 
 their aforesaid bail, to pay his said party the amount of their recog- 
 nizance given as aforewdd or to shew cause to the contrary, which 
 monition the Worshipful the Judge of this Court having been pleased 
 to grant, the same was extracted and duly served on the said i 
 and and on and the sureties of the said 
 
 Messrs. and in the recognizance aforesaid ; and the 
 
 said 
 
 further alleged that the said Messrs. 
 
 and 
 
 have since the issuing of the said monition received from tha under- 
 writers with whom they effected th'Jir insurance as aforesaid, the sum 
 insured on account of his said party's shares in the said ship, but not- 
 withstanding their repeated promises as aforesaid to settle with his 
 said party so soon as the insurance slioald be received by them, they 
 now refuse to pay to his said party the amount of the security into 
 which they entered and which has become due as aforesaid, on the 
 grounds hereinbefore alleged by the said And the said 
 
 further alleged, that shortly after the passengers who had taken their 
 passage homeward on board the said saip had arrived in this country 
 after the loss of the said ship as aforesaid, to wit, on or about the 
 day of last, an action was commenced in His 
 
 Majesty's Court of against the sakl 's party and 
 
 the said as two of the owners of the said ship for the purpose 
 
 of .-ecoverlng from them the suia of 
 
 as the amount of certain 
 
 expenses which the said had incurred at and Jor 
 
 passage from thence to in consequence of the loss of the 
 
 said ship through the negligence and improper conduct of her captain 
 the said and the said action having come on to be tried on 
 
 the day of last, before the Chief Justice of the said 
 
 Court of a verdict was found for the said for the 
 
 sum of and costs, which costs have since been taxed at the 
 
 sura of And the said further alleged, that after the 
 
 verdict in the action last mentioned, to wit, on or about the 
 day of ' last, actions were commenced against his said party 
 
 the said jointly with the said and by 
 
mmm 
 
 I 
 
 i 
 
 118 
 
 FOBHS. 
 
 seven other persons who had been niso passengers on board tho said 
 ship from to this country for the purpose of recovering from 
 
 his said party and the said Messrs. and the uoiuunt 
 
 of the expenses which they respectively Incurred at and la 
 
 their passage home from thence in consequence of the said ship having 
 been so lost as aforesaid, and such actions are respectively now pend- 
 ing and many other perHons have threatened to bring actions of a simi- 
 lar nature against his said party ; und the said further alleged 
 that it is competent for the said and also for the other per- 
 sons, should they recover verdicts in their said actions, to sue out and 
 proceed to levy execution against his tho said 's party alone, 
 if they should think proper so to do, by reason whereof his said party 
 is nov. exposed to considerable danger both In property and person. 
 And the said further alleged and humbly submitted, that his 
 said party was under the circumstances fully justified in instituting the 
 aloretakl proceedings in the Court of Chancery for his protection 
 against liabilities to which the security granted by this Court did not 
 extend ; and that his said party ought not to be denied the benefit of 
 such stcut'ity on the grounds alleged ajd submitted by the said 
 
 and the said denied that the said and 
 
 have sustained any such It^ss, costs, damages, salvage, demurrage and 
 expenses as are alleged by the said to have been sustained 
 
 by them by reason of any interference of his said party in the coacerns 
 of the said ship, or by the proceedings "dopted by his said party or the 
 injuiiciion obtained by him in the Court of Chancery as afc esald, but 
 the said submitted that if the said and have 
 
 sustained any loss or expense by the interference of his said party, 
 they the said and have a fuil and adequate remedy 
 
 againvt his said party in His Majesty's Courts of Common Law, to 
 whicu Courts, and not this Court they ought to apply, and in which 
 the said expressly alleged that the said and 
 
 did in fact through their solicitor, on or about the day 
 
 of shortly after the dissolution of the injunction obtained by 
 
 his said party in the Court of Chancery as aforesaid, threaten to bring 
 an action against his said party ^ and in verification of what he so 
 
 alleged, the said 
 
 craved leave to refer to certain aflldavits and 
 
 exhibits to be brought into and left in the Registry of this Court, and 
 also to the acts and records of ths Court; wherefore the said 
 prayed that the llight Hououral>le the Judge would be pleased to over- 
 rale objections of the to reject the said petition and 
 to decree the said sum of pounds by the said brought 
 into and now remaining in the Registry of this Court as the amount or 
 value of the ihares of his said party in the said ship, in respect of 
 which the said bail was given in this Court as aforesaid, to b<' paid 
 out to his the said party or for his use, and tliat the said 
 
 and may be condemned in the costs of this petition 
 
 and of the monition served upon them an:t upon tlie said and 
 
 their sureties as aforesaid. 
 
 JRejoinder. 
 In the presence of dissentiJg and denying the allegations 
 
 of in great part, to be true or relevant, and further alleging 
 
 that in the month of in the year when the said 
 
 purchased parts or shares o*' the said ship from the said 
 
 his the said party, it was known to him the said that 
 
 such shares were to be paid for by the said one of liis said 
 
 parties, and that they were in tact purchased for him ; neither 
 was there any stipulation or understanding whatever between the 
 
s 
 
 FORMS. 
 
 lit 
 
 said party and the said that the said should re- 
 
 tain the snid shares in his own name, bat it was understood and agreed 
 that the said should continae the management of the said ship. 
 
 And the snid further alleged, that tlie statement of the said 
 
 as to the complaints respecting the supply of provisions is 
 not true, and wholly irrelevant to this proceeding, and therefore he 
 declines to answer the same in detail ; and the said 'jxpressiy 
 
 denied that the arbitrators to vThora tlie accounts of the said 
 were referred, by their award, dated the day of gave 
 
 their decision in favour of the said or that the question of 
 
 the on board the said ship, was the only material point at issue 
 
 so referred, as ttlloged by for, on the contrary, the whole of the 
 
 accounts of the snkl were so referred, and tiiesaid arbitrators, 
 
 l)y such their award, found that there was due to the owners of the 
 said ship, from the said a sum of pounds and upwards, 
 
 besides a further sum to the said and a proportionate part of 
 
 which sum he m-tualiy paid to his the saul parties, anil sucli 
 
 further sum to the said beside a moiety of the costs of the said 
 
 award, the said arbitrators awarding only to the said a sum of 
 
 money for the hlau)f the l<eutledge on board the said ship. And the 
 said further alleged, that altliouj^li his said parties for the 
 
 reasons aforesaid determined to talve to themselves the management of 
 the said ship, tluj proposed only employing her in the same service In 
 which she had been employed under the command and management of 
 the said and his said parties had therefore good reason for be- 
 
 lieving that the objections urged by him were not to the voyage upon 
 which they proposed to send the said ship, but to her proceeding under 
 the management of his said parties upon any voyage whatever; and 
 the said admitted that his said parties did not alter the desti- 
 
 nation of the said ship in consequence of representations of the said 
 from a conviction that such representations were unfounded, 
 and in consequence of such refusal the 'd sought and ob- 
 
 tained tlie protection of this Court t,n 
 interest in the said ship by the bail a; 
 further alleged, that from the time 
 themselves the management of tlu. 
 said had obtained secur 
 
 in the said ship, he the said 
 
 parties, and to use every possible means to prevent them. from Him- 
 ploylng the f^ald ship beneficially; and they were as aforesnld obliged 
 to apply to tills Court to compel the delivery of the sails unlawfully 
 withheld, HI contempt of the decree of this Court for the release of the 
 said ship, lier tackle, apparel and furniture, from her arrest by the 
 said party; and they the said parties not having re- 
 
 ceived any information whatever that any further proceeding was iheu 
 actually In progress ajiainst the said ship in any other Court, to pre- 
 vent her proceeding to sea, did by their Proctor consent to receive the 
 said sails witliout insisting upon an appearance to the said monition. 
 
 full amount of bis share and 
 
 L And the said 
 said parties so took upon 
 
 ;, ZT.d notwithstanding tile 
 .e full extent of his interest 
 proceeded to harass ids said 
 
 and paying costs against the said 
 
 xind the said 
 
 further alleged, that in order to render the said ship In a fit state to 
 undertake the voyage afoi-esaid, various repairs were necessa'y to be 
 done; and for the purpose of such repairs she was placed in the dock 
 of of ship-builders, and a minute inspection and 
 
 examination of the said ship, and pjudcularly of her bottom, were 
 made, and the repairs found necessary were done and performed by 
 them ; and no repairs were made or undertaken but each as were essen- 
 tial and necessary to enai)le her to perform the voyage upon which she 
 was taeu about to proceed. And ihe said further alleged^ 
 
FORMS. 
 
 that certain alterations liavinpfbeeu recommendodlij'expcrleiicucl ship- 
 builders tobeniado to tht*|.said ship, tlie old forecastle was iiikcii away 
 and replaced by another of a size usual for ships of ttn; same class, 
 and a poop was also added, such alterations contrlbutlii;; not only to 
 the comfort of the passinjjeis. but to the security of the ship; that 
 the scuttles were also enlar;,'ed, but to the size only of those usually 
 made in ships of her class, which, so far from injuring the said ship, 
 was of benefit, to her, and did not it) any de^iree whatever (Uininish 
 her strenytli or security; and that the; so placing a poop on the said 
 ship was an alteration oriijiiially suiiu'isted by his the said 
 party himself, as being one that would be of great advantage to her, 
 and which she was perfectly competent to bear, as he several times 
 declared. And the said expressly alleged, that when thesaid 
 
 ship left the dockyard of the said she was in the best condi- 
 
 tion, and lit for a voyage to any part of the world; that in the exami- 
 nation which as aforesaid took place previous to the said sh'o's under- 
 going till; said repairs, the condition of her bottom was more particu- 
 larly, strictly, and minutely ascertained undvr the personal inspectiou 
 of one of the partners in the said dock-yard, and the same 
 
 was found to be perfectly sound and good. .\nd the said 
 further alleged, that the repairs which were found necessary and done 
 to the said ship, after she had suflereti dikinage at sea on the day next 
 lollowing that on which she sailed from as aforesalcl, were 
 
 solely in consequence of the damage she then sustained by striking 
 upon when heavily laden, whereby she made much water; 
 
 and it was found necessary, in order to ascertain the extent of the 
 damage, to strip off the copper, when it appeared that the said ship's 
 bottom was In a perfectly sound state and condition, save so lar as It 
 had received Injury by striking the ground as aforesaid. And the said 
 expressly denied that on the arrlvalof the Intelligence of the 
 loss of the said ship, his party the said proposed or promised 
 
 to discharge the said i)ond without seeking to oi)tain from the said 
 indemnity for the loss and damage himself and the said 
 had sustained by his unlawfully interfering with the said 
 ship, and restraining her from proceeding to sea as aforesaid, but on 
 the contrary stated by his Proctor to the Proctor ot the said 
 that his parties did consider themselves so entitled, but would be will- 
 ing to refer their claims to the arbitration of iuditlereut persons to be 
 chosfen for that purpose, and which proposal was not accepted by the 
 said and the said denied that the said 
 
 one of his said parties was in in the month of as 
 
 alleged by for on the contrary, he the said at the 
 
 time when the intelligence of the loss of the said ship first reached this 
 country, was in and proceeded from thence direct to 
 
 from whence he did not return to until early in the month of 
 
 liist, until wliich time the said by reason of such 
 
 his absence, had not the means of conferring with him the said 
 
 with respect to the claim of the said party; that 
 
 very soon after the arrival of the said in he, together 
 
 with tlie said advised with Counsel respecting the adjust- 
 
 ment of the claim of the said 's party, and the indemnity to 
 
 which they were entitled, and thereupon a letter to that effect was 
 written to the Proctor of the said that the proposition con- 
 
 tained in the said letter was rejected by or on behalf of the said 
 and accordingly the sum of pounds, the amount of the 
 
 said bill, was on the day of the said month of paid into 
 
 the Registry of this Court, subject to the decree or order to be made 
 in this cause. And the said further alleged and humbly sub- 
 
 
 -TT- 
 
P0RM8. 
 
 121 
 
 mittccJ, tliat from tlie time wlieii the said declared in this 
 
 Court that he objected to the employment of the said s' ip by his the 
 said parties, and obtained security as aforesaid, he was 
 
 thereby, and from that time discharged from all responsibility what- 
 ever touching the said ship on the acts of his said parties, or from any 
 debts incurred l)y them on account of the said ship upon the voyoge, 
 upon wlilch (she was then about to proceed, and ft-om all losses and 
 tliiniiigt's whicli might or have arisen in consequence of the loss of the 
 said sidp, and has iit his own desire (although the same was not neces- 
 sary to Ills pro eclion and stcnrily) been fully and amply Indemniflcd 
 therefrom by his the said parties; and the said iurther 
 
 humt)iy submitted, that until his the said party was legally callad 
 
 upon to discharge any debt or debts incurred for the outfit of the said 
 ship, he was notjustilled In doing any act whatever to the prejudice of 
 his said parties in the concerns of the said ship, or to interfere therein, 
 or prevent the said ship proceeding to sea as aforesaid; and the said 
 lastly alleged and humbly submitted, that as against the said 
 party, his said parties as part owners of the said ship were and 
 are without rellrf ot law or otherwise touching the injury aforesaid 
 done to them by the said by such lils interference In the con- 
 
 cerns of the said ship, and the losses they have sustained thereby, save 
 in this Court; wherefore the said alleged and prayed as before. 
 
 Conclusion. 
 In the presence of dissenting and alleging and praying as 
 
 before; whereupon the lilght Honourable the Judge assigned to hear 
 on retltiou of both Procters whensoever. 
 
 (Signed) 
 (Signed) 
 
 37 [154]. 
 
 FORM of AFFIDAVLTlo precede Warrant of Arrest in a Cause of Pos- 
 session. 
 
 In the Vice- Admiralty Court of 
 
 [Itistrt names of Ship and Mastei:'} 
 
 Appeared personally ot and made oath that he is 
 
 the true and lawful owner and proprietor of [Insert number of shares 
 which must be a majority'] parts or shares of the said ship or vessel 
 called the whereof Is at present master; that 
 
 of is the owner of the remaining [Insert number of shares] 
 
 parts or shares of the said ship or vessel, and now holds the possession 
 thereof; that he this deponent Is much dissatisjied with the present 
 control and management of the said ship by the said [If the fact 
 
 be so} and is desirlous of obtaining possession thereof by the authority 
 of this Court ; and he further made oath that the register of,and belong- 
 ing to the said ship, is in the bauds, possession or control of 
 On the day of the said ) (Signed) 
 
 was duly sworn to the truth of this allidavit. > 
 Belore uie, 
 
 (Signed) 
 
122 
 
 FORMS, 
 
 No. a« [159]. 
 
 FOItM of AFFIDAVIT to lead War rant for the Arrest of a Ship, in or- 
 der to obtain Bail for the safe Return thereof. 
 
 In the Vlce-Adinlralty Court of 
 
 [Inner t names of Ship and Master. '\ 
 
 Appeared personally of and made oath that he is 
 
 the lawful owner of twenty- two sixty-fourth parts or shares of and in 
 the said ship or vessel called the belonging to the port of 
 
 whereof the said is master, her tackle, apparel and 
 
 furniture, and that of is the owner of the remaining 
 
 forty-two sixty-fourth parts or shares of the said ship or vessel; that 
 the said has taken upon hitnoelf the control and management 
 
 of the said ship, and has employed her greatly to tlie detriment and 
 disadvantage of the interest which this deponent hath therein ; and the 
 said further made oiith that the twenty-two sixty -fourth parts 
 
 or shares of the said ship or vessel belonging to this deponent are, as 
 he believes, of the value of or thercabouis, and that for the 
 
 security of such this deponent's interest, he is desirious that the said 
 ship should be restrained from proceeding to sea until good and suffi- 
 cient security be first given by and on behalf of the said for 
 the safe return of the said ship to the said port of being the 
 port to which she belongs, to the amount of the value or interest 
 which this deponent bath therein, and that the aid and process of this 
 Court is required to enforce the same. 
 On the day of the waitl j> (Signed) 
 to was duly sworn the truth > 
 
 of this affidavit. ) 
 
 Before me, 
 
 (Signed) 
 
 NoTK, Tlie B.iil may be givon to return to a port, jot the port of Registry, if so 
 agreed on between the parties, or in cose of dispute, if so ordered by the Judge. 
 
 i 
 
 No. 39 [167]. 
 
 FOItM of CLAIM for Property proceeded against as Derelict. 
 
 In the Vice-Admiralty Court of 
 
 Our Sovereign Lord the King in his office of Admiralty, 
 against [Insert description of property proceeded against.'} 
 
 The claim of of for the brig or vessel called the 
 
 on behalf of himself, the true, lawful and sole owner and 
 proprietor thereof, and for the cargo laden on board the nali shin or 
 vessel on behalf of of the true, lawful and sole 
 
 owner and proprietor thereof, at the time when the said ship or vessel, 
 after meeting with very tempestuous weather, got on a sand otf the 
 coast of and for the preservation of the lives of the persons on 
 
 board, and then and there quitted by the said master and the crew, and 
 was afterwards got off the said sand, and brought to and 
 
 which said ship and cargo have been proceeded against in this Court 
 as derelict, flotzen, jetzon or lagon, and as such droits and perquisites 
 of osr Sovereign Lord the King in his office of Admiralty; for the said 
 ship as the true, lawful and sole property of him the said 
 and also for the said cargo as the true, la.vful and sole property of the 
 said [2'o be signed by Counsel.'} 
 
FORMS. 
 
 123 
 
 It 
 
 t 
 
 d 
 le 
 
 bs 
 
 IS 
 
 Id 
 
 n- 
 
 br 
 he 
 
 St 
 
 ]ls 
 
 if so 
 
 No. 40. [168]. 
 
 FORM of AFFIDA VIT in support of a Jlaim for Property proceeded 
 
 against as derelict. 
 
 In the Vlce-Admlralty Court of 
 
 Our Sovereign Lord tho King in his office of Admiralty, 
 against [Insert description of property proceeded ayainst.] 
 
 Appeared personally of and made oath that he 
 
 was and Is the true, lawful and sole owner and proprietor of the brig 
 or vessel called the of , whereof 
 
 now Is or lately was master ; that the said brig, after taking in a cargo 
 consisting of and sailed from on the 
 
 day of bound for and when in the prosecution of the 
 
 said voyage, and after meeting, as this deponent has been Inibrmud 
 and believes, with very tempestuous weather, got on a sand-bank off 
 on the coast of and was there quitted by her muster 
 
 and crew for the preservation of their lives; that the said brig 
 was afterwards got off the said bank and brought into the 
 port of and proceeded against in this cause as a ship and 
 
 goods derelict, flotzon, jetzon orlagon, and as such droits and perqui- 
 sites of His Majesty in his ofllce of Admiralty; and he further made 
 oath, that he Is duly authoiized to make the claim hereto annexed for 
 and on behalf of of merchant, the sole owner and 
 
 proprietor of the cargo laden on board the said brig or vessel ; that 
 the bill of lading hereunto annexed, marked No. 1, is the bill of lading 
 for the cargo shipped on board the said brig at aforesaid; 
 
 and he further made oath, that he verily believes that the brig and 
 cargo hereinbefore mentioned, and the brig and cargo claimed in the 
 annexed claim, are the same vessel and cargo, and not divers ; and he 
 lastly made oath, that he verily believes the claim annexed to be true 
 and just, and that he shall be able to make due proof and speciticb.* 
 tion thereof. 
 
 On the day of in the year ^ (Signed) 
 
 the said was duly sworn 
 
 to the truth of this affidavit and the claim annexed. 
 Before me, 
 
 (Signed) 
 
 ''I 
 
 alty, 
 'nst.'] 
 a the 
 rand 
 Id or 
 I sole 
 essel, 
 if the 
 ns on 
 r, and 
 and 
 Court 
 lisites 
 e said 
 
 of the 
 
 No. 41 [203]. 
 
 FORM of AFFIDAVIT to precede Monition against a Ship and Goods 
 ' seized for Breach of the Bevemte or Navigation Laios. 
 
 In the Vice- Admiralty Court of 
 
 Our Sovereign Lord the King against the ship or vessel called 
 the (whereof was master, her tackle, 
 
 apparel and furniture, and seized by 
 
 ISet forth the Goods seized as liable to forfeiture, and the name and dC' 
 
 scription of Seizor."] 
 
 Appeared personally [Insert name and description of Seizor] and made 
 oath, that on or about the day of the said ship or vessel 
 
 arrived at the port of and that immediately on 
 
 such arrival the said the master attended at the custom- 
 
 house, and made his report of the entry of the saidjvessel and cargo, 
 
124 
 
 FORMS. 
 
 08 required by law ; that in such report it was dcclarcil tliat thu cur^o 
 of the said ship consisted of that subsequently to sucli report 
 
 being so made, and whilst the said ship was lying In the said part, the 
 appoarur was informed tliat there had been clandestinely landed from 
 tlie tiaid v<'S8t'l the follov^lng goods, to wit, 
 
 And this deponent further nialiuth oath, that no part of such goods 
 was comprls d in the report so as aforesaid made at the custom house 
 by the said master; that thereupon the appearer proceeded to the 
 store of and there found the said goods so clandestinely 
 
 landed, and seized the same, and also the said ship, by reason that such 
 ship and goods were liable to forfeiture under the Act of Gth Geo. IV. 
 cap. 114. 
 
 And thi '• deponent further made oath, that the paper writings and 
 documents hereunto annexed, marked No. 1 to No. are the whole 
 
 of the paper writings and documents which were found on board or 
 delivered up relative to tlie said ship and goods, aud that they are now 
 in the same plight and condition, saving the uumberiu'j; thereof, as 
 when received by this deponent, without any fraud, addition or subduc- 
 tion whatever. 
 •On the day of the ^ -(Signed) 
 
 said was duly sworn > 
 
 to the truih of this affldavlt. j 
 Before me, 
 
 'Signed) 
 
 XoTE.— The Afliilavit must always contain a full and specifio account of the facts 
 constitutiog tlio brouoh of the law 
 
 No. 42 [204]. 
 
 FOBMof AFFIDAVIT to precede Monition against Goods seized on 
 Shore, for Breach of the Hevemie or Navigation Laws, the Owner 
 thereof not being known. 
 
 Ix the Vice-Adminilty Court of 
 
 Our Sovereign Lord the King against 
 
 \^Set forth the Goods seised, and name and description of Seizor.} 
 
 seized by 
 Appeared personally [Insert name and description of Seizor} of Uis 
 Majesty's Customs at the port of in the island of 
 
 and made oath, that in consequence of information received by him 
 that u vessel had in the night of the day of the present month 
 
 of Ix'en hovering ofl' the coast of and that sundry goods 
 
 had boeu lauded therefrom without the payment of the duties chargeable 
 thereon, the appearer proceeded Immediately to in the custom- 
 
 house boat, and on his going round the point of he perceived 
 
 a vessel about miles distant, aud a boat proceeding towards her 
 
 from the shore ; that immediately upon the said boat reaching the said 
 vessel all sail was hoisted, and the wind being fresh the said vessel 
 proceeded out to sea ; that upon his arrival at the place from whence 
 it appeared the said boat had left he discovered on the beach the said 
 
 ISet forth the Goods.} 
 
 which he thereupon seized as forfeited to His Majesty. Liistly, this 
 
FORMS. 
 
 125 
 
 
 ts 
 
 deponent roaJo oath, that he han not been able to asccrtuin the name 
 or the hdUl vessel, or any of the parties concerned In so clanduHtlncly 
 lauding the said goods, although lie has made diligent Inquiry to nscer- 
 tain the same. 
 
 On the day of the ^ (Signed) 
 
 sttld was duly «worn > 
 
 to the truth of this affidavit. j 
 Before me, 
 
 (Signed) 
 
 NoTK.— The Aflldavit inuMt alwiiys* oonUiin a full :iiid spouiilo uccouut of (ho fuctn 
 fionstituting tbo breach uf the law. 
 
 on 
 ler 
 
 No. 43 [214]. 
 
 FOIiMof CLAIM for Ship and Goods proceeded a'jaimtt for Breach of 
 the Jievenue or Naviyation Laws. 
 
 In the Vice Admiralty Court of 
 
 [/n«ert date nnd description of Came.'j 
 
 The claim of of the true, lawful, and sole owner 
 
 and proprietor of the said ship or vessel Iter tackle, upparel 
 
 and furniture, and [/««/ rf description of (roods] now or lately luden 
 therein, taken and seized by [Lisert name of Sei^iOr] for the said ship 
 and goods, and for all costs, charges, damages aud expenses as have 
 arisen or shall or ma> arise 1)y reason of the seizure and detention of 
 the said ship and goods. 
 
 {To Jl)e signed hij Counsel.'] 
 
 Uis 
 
 dm 
 
 nth 
 
 ods 
 
 ible 
 
 am- 
 
 ved 
 
 her 
 
 laid 
 
 ssel 
 
 nee 
 
 said 
 
 this 
 
 No. 44 [215]. 
 
 lORM of AFFIDAVIT in sttpport of Claim for Ship and Goods pro- 
 ceeded against for Breach of the Hevenue or Navigation Laws. , 
 
 In the Vice-Admiralty Court of 
 
 • . llnsert description of Cause.] 
 
 '•J 
 
 Appeared personally 
 
 of 
 
 and made oath that 
 
 And the deponent lastly made oath, that the claim hereunto annexed \s 
 a true and just claim, and that he shall be able to make due proot 
 thereof. 
 
 On the day of the said \ (Signed) ..r 
 
 was duly sworn to the truth of this affidavit. 5 u '.■■■ 
 
 Before me, . . -i 
 
 ... v.iv.- (Signed) ." •■ . u> .^ 
 
126 
 
 FORMS. 
 
 No, 45 [219]. 
 
 FORM of LI DEL or lyFOIlMATIOy in a SitU inatituted for Iha For- 
 f'iture of a Ship and (iuodafor lireach of the Revenue or Naviyation 
 LniOH, audfof Penalties. 
 
 In the VIce-Admlralty Court of 
 
 [Insert namea of 8hii> and Manter.^ 
 On the (lay of In the year of our Lord 
 
 before you the Worshipful Jud<;e uuU Com- 
 
 mlflSfiry of His MajcHty's Vice- Admiralty Court of 
 lit Awfully coDstltuted and appointed the Proctor on behalf of our 
 SovorelKu Lord the Klnjj, as well for our said Soverelan Lord 
 the King as for ai^^alnst ihe ship or vessel called the 
 
 Twhereof now is or lately was master), her tackle, 
 
 apparel and furniture, and [Snt forth the Goods seised] and also 
 QKalnst the said the nuiBter, intervening and claiming the 
 
 said ship and t;oods in special, and against all persons iu general 
 having 01 pretending to have any right, title or interest therein, 
 doth by way of complaint, and hereby complaining unto you, 
 say, allege, and in law articulately propound as follows, to 
 wit:— 
 That a cerlaln Act of Parliament was made and passed Ib the sixth 
 year of the reign of His late MaJeHty King George IV., to wit, on the 
 fifth day of July, in the year of our Lord one thousand eight hundic;^ 
 and twcnty-flve. Intituled, "An Act to regulate the Trade of the 
 British possession J abroad :" f Or such other Act or Acts aa may be neces- 
 sary to be pleaded'] and this was and is true, and the party proponent 
 doth allege and propound every thing in this and the subsequent arti- 
 cles of this libel or Information contained Jointly and severally. 
 
 That on or about the day of the ship or vessel called 
 
 the (whereof now is or lately was master,) being 
 
 the ship or vessel proceeded against in this cause, arrived at 
 Arom that immediately on such arrival the said 
 
 the master thereof, attended at the Custom-house of the said 
 and made his report of the entry of the said ship and cargo as required 
 by law ; that In such report it was declared tliat the cargo of the said 
 ship consisted of 
 
 that subsequently to such report being so made, and whilst the said 
 ship was lying In the said port, there were clandestinely landed from 
 her by the following goods, to wit — 
 
 that no part of the said goods was comprised 
 or set forth in the report so as aforesaid made of the car^o of the said 
 ship or vessel ; that such goocj, after they had been so landed, were 
 deposited in a store belonging to situated at 
 
 at which place they were seized as being liable to fortoiture for a breach 
 of some or one of the provisions of the statute hereinbefore pleaded ; 
 and this was and is true, and the party proponeot doth allege and pro- 
 p«and as before. 
 
 That in part supply of proof of the premises, and to all other intents 
 and purposes in the law whatsover, the party proponent doth hereto 
 annex, and prays to be here read and inserted and taken as part and 
 parcel hereof, a certain paper-writing marked No. I, and doth allege 
 and propound the same to be and contain the original report made at 
 the said Custom-house by the said the master, on the arrival 
 
 of the said ship or vessel at the said island of that the same 
 
 is now in all respects In the same plight and condition as when the 
 same-was so made by the said save and except the uumber- 
 
 ?:sfSi: t^sssaBaesaaai^itMRr N 
 
Forms. 
 
 127 
 
 Ins t)icr<-(ir; nnti iIiIh war* mid Is truu, aud tho part> proponent Uoth 
 allctfe ami propoinul us hororu, 
 
 Thiit nil and Alnuuliir tho proinl.H<-<t wen; and uro truu, of which luffnl 
 pruuT beliiif made, tho party proponent prayH that thu Huld Hhip or 
 yesHt'l hur tackle, apparel and rtirnltnre, an>l 
 
 may bo pronounced by yon, the JiuIko nforeHiUd, 'o 
 bavfl been, at the time of the Hciiure thereof, subject and llahh; to f 
 felture and condemnation, and to condemn tho same ad forfeited to 
 Sovercljjjn Lord the King, his heirs and HiiccesHors accordingly; 
 monover that the ponaltlew due by law may be pronounced for, >, . 
 Is to say, that tho sum of one hundred poundn Ih d.ic from the flai'l 
 the niabtur of the Maid ship or vessel, for havlnu made .^n 
 untrue report of the (foods on board the said ship or vessel, and that 
 tho sum of beiuK treble the value of the said Is duo 
 
 from for having clandi*>tlnely landed the said goods, and to 
 
 condemn the said parties respectively In such penalties, and in thn 
 costs made and to be made In this cause, ou tho pare and behalf of our 
 Sovereign Lord tho King, by your dellnltivo sontonca or tlnal interlo- 
 cutory decree to bo made and given in this behalf. 
 
 [2b be signed by Counsel.^ 
 
 No. 4C [239], 
 
 FOliM of PROXY whtre necensary from a Pang in a Suit. 
 
 WiiKRKAS there ij now depending in His Majesty's Vice-Admiralty 
 Court of a certain cause or businesi of 
 
 promoted and brought by against the ship or vessel 
 
 called the (whereof now is or laLely vras 
 
 master;, her tackle, apparel and furniture. 
 Now know all men by these presents, that I the said 
 one of the parties in the said cause or business, for divers good causes 
 and considerations, me thereunto especially moving, have nominated, 
 constituted and appointed, and by these presents do nominate, consti- 
 tute and appoint one of the Procurators of His Majesty's 
 Vice-Admiralty Court of or in his absence any other Proctor 
 of the said Court,* to be my true and lawful Proctor for me and In niy 
 name, to appear before the Worshipful Judge and Commis- 
 sary of the said Vice-Admiralty Court, lawfully constituted and 
 appointed, or his Surrogate, and to exhibit this my proxy, and pray 
 and procure the same to be admitted and enacted, and In virtue thereof, 
 and on my part and behalf to prosecute the said cause or business, and 
 generally to do, perform, execute and expedite all and every thing that 
 my said Proctor or Proctors may in his or their juOeraent deem neces- 
 sary to be done herein for my bcnetic and advantage, until the giving 
 the deflnitive sentence or final interlocutory decree In the said suit, 
 and the execution thereof, hereby promising to ratify, allow and con- 
 firm all and whatsoever my said Proctor or Proctors shall do in or 
 about the premises. In witness whereof I have hereunto set my hand 
 and seal the day of 
 
 (Signed) (L.S.) 
 Signed, ijcaled and delivered in the presence of Us, 
 (Signed) 
 (Signed^ 
 
 *Tbi8 clause is to empower any oilier Proetor to do any act in the uaavoidabU 
 abienoe of the Proctor appointed. 
 
128 
 
 rORMS. 
 
 No. 47 ]240]. 
 
 FOIiJI of AFFILA VIT of Sureties jitstifijiny to their sufficiency as Bail. 
 
 Ix tlie Vice-Ad mi rally Court of 
 
 \ Insert names of Ship and Master.] 
 Appeared personally {In<ert names and description of sureties] of 
 and of tlie proposed bail antl security for 
 
 and severally made oath eacli for himself, that at the presant 
 time of being svvoru he is worth more than the sura of [Insert the sum 
 in which the parties are boitnd] of lawful money of over and 
 
 above Uie payment of all his just debts. 
 On the day of the sa'd ) (Signed) 
 
 and were duly sworn to the truth of > 
 
 this affidavit. ) (Slyned) 
 
 Before me, 
 
 (Signed) . 
 
 Approved, 
 
 HEliBI«:ilT JIONNEI?, JAMES FARQUflAU, ) 
 
 JOHN DODSON, H. B. SWAIJKV, VHkkkiikks. 
 
 STEPHEN LUSHINGTON, WM. IJOTHEIiV. ) 
 
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 ANNO Si:("UNJ)0 CULIELMl IV. IIEQIS. 
 
 CAT. LI. 
 
 An Act to reonlato tlio rincticc and the Pees in the A^ice- 
 Admiralfy Courts Al roud, and to obviate Ooubts as to 
 their Jurisdiction. [23>y^ June, 1832.] 
 
 WuKHEAS it is cxpiMliniit tliiit Provision should Ix; miuln for tlie 
 ili'giil ilion of tlio priU't; ■(« to ho <)!).SHrve(i in tliu Suit.-! anil Procciod- 
 m^^i Ml the Courts of Vito-Aduiir.-ilty in Mis !M,iJt'sty's Pii'scssior.s 
 Al)road, :ind for the < f-tahlislmuuit of' Fins to lio allowci] mikI take.- 
 in tho said Coui-ts by the i-csjx'otivc .Judircs, Ofliocrs.nnd Practitii m- 
 <u"s tluireiu : Bo it then-fore (Mi.u'tcd by the Kincr'.- most Excellent 
 Majesty, by and \vit!i tlio .Vdviee and Consent nf the Lords Spiritiuil 
 and 'I'tMiiporal, and Coninions, in tlds])resoiit Parliament asseml)led, 
 and by the Authority of the .«air,P, tiiat it shall he lawftd for His 
 Majesty, with t!ie Ad\ie(!of His Privy Coiiiieil, from time to time 
 to make and ordain studi Rides and Regulations as ^hall he deemed 
 expedient touehinj^ the practie*; fo l)e observed in Siu'ts and Pro- 
 <'f(Hlin<rs in tho several Courts of Vice-.\dmiralty at jiresent or here- 
 after to !)e establislied in :iny of Hi^ Majesty's Possessions Abroad, 
 and likewise from lime to time to make, ( rilain, and establish 
 Tables of Fees to lie 'akoa or reeeiv<'d by the .fudges, Ollicers, and 
 Praetitioners in tlu^ s.aid Courts, for all Aets to be done therein, and 
 also from time to time, as snail be foimd expedient, to alter .anysiK li 
 Rules, R<';;ulalions, iJid F'ees, and to make any now Re;:ulatior.s 
 .and Tabl'i or Tables of Fees; and tlial' all sueh i'lules, P^ej^ulalions. 
 .and Fees, after thesanjo -hall have been so nuide and estaldished < i- 
 altered, from time to timu be entered or inrolled in the PubUe Rooks 
 or Records of the said Coiirts so I'ar a.i sueh Praeiije ami Fees shall 
 relate or ai)ply to eaoli of such Courts respectively. 
 
 IL And 1)0 it fui tlier enacted, tluit a Copy of every Table of Fee.s 
 so to be from time t« lime made and established or altered shall be 
 l.-iid before the House of Commons within Three '^'alender Months 
 next after tlat makin/j; an I Establishment or Alter.ition thereof 
 )-espectiv(;!y, if Parliament shall \w then sittinjr, and it" not, then 
 witlrn One Calendar Mtjntli ne^ t, after the subsequent JNIeeting of 
 Parliament. 
 
 TH. .\nd be it further enacted, thai the several Fees so to be 
 established, and no otliiu', sliall, from and after th(! making and 
 EstablishuKuit thereof .ami the Entry and Inrolment thereof as 
 aforesaid, l)e dt^omed and taken to lie the lawful F(!es of the sove4'al 
 Judges, Ollicers, Ministers, and Praclitioners of the said respe(aiv(! 
 Courts; ami su(.*h Fees oidy shall and may be demanded, received, 
 and taken accordingly. 
 
 IV. .\nd to Uie intent that all such Regulations and Fees may be 
 promnlgat.'d and i)ublicly ma in kuov.n, be it further enacted, that 
 
130 
 
 ACTS, 
 
 the Judge and Registrar of every s\icli Court, shall eanse to be 
 kept constantly huiignp and preserved in some conspicuous part of 
 every such Court, and in the Oftiee of the Registrar, a Copy of the 
 Table of Fees so to be from time to time ordained and established 
 in such Courts respectively, so that tiie said Table may be sec^n and 
 I'ead by all Persons liaving any Business in any such Court and 
 Oflice respectively; and that the Books or Records containing the 
 Entries of the said Regulations and Tables of Fe;\s, as the same shall 
 be in force, shall bo at all seasonable times open to the inspection 
 of the Practitioners and Suitors in every such Court. 
 
 v. And be it further enacted, tiiat in all cases i i which Proceed- 
 ings may be had in any of the said Vice-Admiralty Courts, if any 
 Person shall feel himself aggrieved by the Ciiarges made by any of 
 the Oflieers or Practitiontus therein, and the tiUowanco thereof by 
 such Vice-Admiralty Court, by reason that such Charges are not 
 warranted by tliy Tables iieiv;in-i)efore nie'itioiied, it shall be lawful 
 for such Person or liis Agent, under the Regulations to be estab- 
 lished in pursuance of the Powers given by this Act, by summary 
 Api)lication to the lligli Court of Admiralty to have the said Charges 
 taxed by tiie authority thereof. 
 
 VI. And whereas in certain Cases D'nibts may arise as to the 
 Jurisdiction of Vice Admiralty Courts in His Majesty's Possessions 
 Abroad, with respe^tt to Suits for Seamen's Wtigcs, Pilot.ige, I)ot- 
 tomry, Damage to a Ship by Collision, Contempt in i reach of thi' 
 Regulations and Instructions relating to His Majesty's Service at 
 Sea, Salvage, and Droits of Admirilty; be it therefore enacted, That 
 in all Cases where a Ship or Vessel, or tlie Master thereof, siiall 
 come within the local I.iniits of any Vice-Admiralty Court, it shall 
 be lawful for anj- Person to commence Proceedings in any of the 
 Suits iierein-1 ('fore mentioned in such Vice-Admiralty Court, not- 
 ■vvithstanding the Cause of Action may luive arisen out of the local 
 Limits .')f such Court, and to carry on the same in thestune manner 
 as if the Cause of Action had arisen within the said Limits. 
 
 *6*.' 
 
 At /he Court at St. Jameses, the 21th day of June, 1832. 
 
 PRESENT 
 THE KING'S MOST EXCELLENT MAJEoTY IN 
 
 COUNCIL. 
 
 Whereas there wjis this day read at the Board a Memorial from 
 the Right Honourable the Lords Commissioners of the Admiralty, 
 dated the 10th Instant, in the wor'ls following, viz. 
 
 " Whereas by an Act passed in the second year of Your Majesty's 
 Reign for the regulation of the practice to l;e ol served in the Suits 
 and Proceedings in the Courts of Vice-Admiralty in Your TJajesty's 
 Possessions Abroad, and for tlie establishment of Fees to l;e allowed 
 and talien in the said Courts by the respective Judges, Officers, and 
 Practitioners therein, it is enacted that it shall be lawful for Yonr 
 Majesty, with the advice of Your Privy Council, from time to time 
 
 mamam 
 
ACTS. 
 
 131 
 
 to malio p-nd oril-iin such Rul'^s !Ui«l Kc'iiulations as shall he tlconKnl 
 expedient, touchinfj tlio praitii'c to he ohscrvcid hi Suits and Pro- 
 ceedings In the sev(!ra! Courts of Vic'c-A(hniralty. at prtsi-nt or li»n-e- 
 after to he estahli.sliod in any of Yonr .V]jijcsty\s l^)ssct!si(>ns Al)ro;ul; 
 and like\vi-;e, fi oni time to time, to make, ovdaiti, and estahlish 
 Tahles of Fi'o-< to ho taken or received liy the .Tnd^^e.s. Oihcers. and 
 rraetitiniiei's in Uie s;iid Courts, for all iu-ts to he done tlicriiiu ; and 
 also, from time to linio jis hall lie found expedient, to niter ;iny such 
 Rules, Rei^ulntions. and P\'es, and to JUiike any n(!w Ih-jiuhitions, 
 and Tahle or Tallies of F(h;s; smd thnt all suih llnies, lh!<;ulalions, 
 and F<M's,;ini;r die smuk^ shall h:ive*hcen so Ujiidc! ard I'.-la'i i>lieil or 
 altered, slinli. from time to time, hcentf-ri'd or cui'oHed in tlie judilie 
 Books or Records of the said (/O'u't'^. snfiras such I'r.ictice and Fees 
 shall rel.ite or ::pply to each of suth Couits respectively. 
 
 "And wheretis ;)mou<r other jirovisions of the said Act 't i or- 
 dained, witli respect to doul>!s tint m lyiirise as to tin? jurisdiction of 
 Viee-Admiraliv Couits in Ili-i Mnjcsty's I'o'sessions Ahro;ul, a^s t > 
 Suits for S(!amau\s \N'aires. I'iiotijj'*'. liottonirv, D.-miM^.'-e to n Ship 
 hy collis.on, Cot)tempt in hr< .■i.'li of the Ih'jinhilions tim! in-trui tions 
 rehitiei; to His Mnjc^ty's Servic(^ at «c;i, S;dv;vc jMid Dinit-' of Ad- 
 miralty, tli.it in all c:i -es v^'tx-re jv Ship or Ye:->-'el. ov the M;i>ter 
 thereof, sli.iU come witliin tl.c Ii.eiil limits of any Vicc-Admii'Mlty 
 t ou't, it shall lie hiM'fnl for ;tn\- Per-i-n to comuKinec pviM-ccdii ;r-^ in 
 any of tiie suits hefore-mentioned in ^\uh Vice- Admiralty Court, 
 and to carry on the snme in the same manner :is if the cause of 
 action had .-irisen within the said limits. 
 
 * And whereas we deem it of jjreat importance that one uniform 
 system of }ira( lice sh uld j.revnil in all tlu; A'ic«vAdmir;.lly Comts 
 in Your ^^•!j(!-t\'s Colonies, we would mo t liuml)!y suluuiL to Your 
 Majesty tli;it Your M.-ijesty will he pleased hy Your Order in r'orncil 
 to nuthor'ze us to cni'iy ielf) eiru-t the s;iid IJules and I'eguhitions 
 touel'.ing t!..' p.r.iclice i • Suits and Proceedin;;s i'l the said Courts, as 
 laul down in a Report; of certain IJe'erees jipjiointei! hy the Lords 
 Commissioners of Your M;'j(>sty's Treasury, imd r.pproved hy the 
 Jud2"e and other competent I^iaw AutIioriti(;s of the ^' i;i;li Court of 
 Admiralty of En;;l;uid ; jipd alsf) that the Tahles of Fees projjosed 
 and approved hy the said Authorities may he estahlishcd Iiy Your 
 Wajestj's Order in Council, as the only Fees to he taken and re- 
 ceived hy tlio Jud-jes, Registrars, Afarshals, Advocates, and Proctors 
 of the Vice-Admiralty Courts of th(! res])eetive ('olonies. as laid 
 down hy the Rt^frrecs and appro; ed hy the L;iw Authorities ahove- 
 nientioned. 
 
 "And further that \ve he authorized to cairy into execution all 
 ether provisions coutaii\ed and set f "th in the Act of Parliament 
 aforesaid." 
 
 Ills Ah\jesty, having takcm 'lie said IMemorial into consideration, 
 was plea-ed, hy and witii tiie advice of Flis Privy (Council, to approve 
 of what is therein proposed; and the Right Honourable the Lords 
 Commissioners of tlio Admiralty are to give the necessary directions 
 therein aecordingh'. 
 
 W. L. BXTHURST. 
 
L;J2 
 
 ACT.-'. 
 
 2u VIC, Cap. XX I/. 
 
 j\n Ai't to fn iliuitr lliu Appoiiitniriti of Vict! Adm'mls ••kkI Oftuujrs 
 ill Viiv.' AduiiiMlty (.'ouvts in ll<r Aliijcsly's PossossiMris :ibr<>;i(|, 
 and h) contirm tiic p.i>t i,'ic.t('r(Iiii;:s, to cxt-jnil llio Jiii'i.-diction, 
 and to :i!iuiiHi the I'nu-liici of tJiosc Coiivts 
 
 C8tli Junr, I8G;}.) 
 
 AlSSTItACT 1)1. Tin: KNAOTMKXTS. 
 
 ) rh'.r: C.fe. _ 
 
 ■ . ! I:'l'' (■: -i.-l! ', M n; 'i ''I';!!.', 
 
 ') Aji) KitMii' I (•'■ 'i ;>■ ' ■iliii!i'il 
 
 •r. i\ <|." ii:()in l;: :<i' ' i.'i'.n'. 
 
 i") A!i!'iiiii;i!t>> t 'if ; i'^i.»;r .r rii 1 iii:ii>li 1 
 
 r, ^:"ii f "il 11: I' •ill fe.-', .V .. ti !).' n tifi.^! I'l tlio !l iii ■ iil /Vvrniiiciit. 
 
 7. t'liviiifj t n I'lWiTs III ;!i Aciiiiiialf; . 
 
 H. I ii-i I'r.HMcliii'i"^ c tiliiiii il. 
 
 it. Vio. i-iioii ()l i)iti;-o ^, 
 10. .'nr-s I (;;i(,;i .>! \iul' A (iiii:;;!'.v Ci'lii:;*. 
 ]'. Juris I'et oil i.f V'eo Aiii!ii.-"iiy ••tirtr.. 
 VI, \ Mi.iiifrt". ii'-!i-i(^-r ixitiii;j;,iii-i-:!i<!)i)iif. 
 IS. As to in-_-tti'i.-i ;irisiii;;- i;'?viiii i ii jiit.s u; i-i<l.iiiy. 
 
 14. / I'l' M jcs'.y iiiiriiwiTiil ;<) cs.jii.iish Mii'l iii-Mi- Hii!<< ini] T.'.bk-.; .>r F'wcs. 
 1"> ^'' ! .-< .iii'i I'l. .|i-,-iil' V I - : : i.p 1 'lil iicl^ 10 iho IJou.-;,; ot'Oomui'jus. 
 1 ■. T I I o 1 titcrci in iliu rec 'i.ls nl'tliu l.!ai;ri-i, 
 17. 10 I).' I'.iirii; III. i I ('■■url. ,v.'. 
 if;, ' «l>!) i'iu'd r L'.s :i) b mIiv (.;;l.v f'-M'- t.ik n. 
 ]!'. 'I'lULiitinii m:i V bo r.M isc I I'v tli High Mii-t, of Aduiiriiliy. 
 1(1. lic;.i;Ml>i;' mm.V ii'iii:iiiis(tri' i),!I!i.«. 
 2\. A< 111 ilic lii'iiiifc 1)1 criis- t',!u,<ii.-. 
 ■ ;'. Nil iiiJpo ', i VI- j'.-iiiu Pirjil .ioniuni;*' or uviler. 
 
 -o. ApfiOil- [■; iU' lU iIl' Wi'llIM six IIIMU S. 
 
 21. Aisus i.,i)i!i:l)U. s;i\-iii„' rui ;• o.-'l:ibiis!ioil -.i.i'ler J .t ;} Will. 1., c. o^. 
 
 By tliis Act, 
 Afltii- Inciting til tit is txpediciit to nLoilituto tho app..;utui 'Ut of 
 ViL'o A(linlr:il.s :ind of o!lu;inv-i in Viio Admivalty Coufts in Hit 
 Mnjeyly's ])ossessioiis abioal, and to coiitinn tlio past ]»ropeeding!«, 
 to extend the ji;i'i>dii;tion and to.fiiieiHl theprat;tico of tho ;o Courts: 
 It thorefore is Enacted :is fulh)\vs : — 
 
 1. 'Jlrs Act, may lie cited for all purposes as tiie '"Vice Admir- 
 alty Courts Act, ISiiy." 
 
 2. In tlui intcrpretnliou and f.r the jiurposes ,*f tliis Aet (if not 
 inconsist'3!.t with llie context or sul)j\'ct-niatter) the f()l!o\ving terms 
 eha'l have the respective nii'anln^i^rf lureiriafter assigned to tliem ; 
 that is to say, 
 
 '-llei' IM iji'sty" shiill mean Ilcr M;i;jestv, !ier h' irs ami suecesscrs: 
 
 The " Admiralty"' shall iucmi (he iJord Iligli Admiral or tlie Com- 
 missioners for execurinu,' iiis ollice : 
 
 "British possession"' sliail mu.an .my colony, ji! mtation, settle- 
 ment, inland, or territm-y, bein<i,a parrof Ucr 'i.-ijesty's dom n- 
 ions hut not beinu within t e limits of tln'Uniied Kingdom of 
 (IrcaV llritain aiid heland, or oi II ^r .\I:ijcs'y's posse.s.sions in 
 Indi 1 : 
 
 "Governor' shall moan the olli e/ f>i' t!«e time being IvvfuUy 
 administering t! <; 'i(?\i rnuicr.t of :inv Ihitish possession: 
 
 "Vice Admir.iltv Cuiirt" .^h:iil iiiHiU! :i"ny of th<f existing Vice 
 Adiiiir.aUv C.>urts eiit:m<;ra.l(Ml in the Scliedule marked A. 
 
 --rs«= 
 
ACTS. 
 
 13a 
 
 f 
 
 hereto (iiincxpd, nr :iny Vice Ailmiralty (Jour! wliii.Ii -',1 ill 
 
 hercfift(!i' Ix! ost.iblisluMl in jiny I'ritisli jinss'ssion : 
 •' S'llp'' sli.iil i';c'.ii(l!! (jvcry (l';sc;i ipti )n otvci'Ssc;! iisoil in ii.ivi^-alina 
 
 nol propcllo:! I)y oars only, whct'ifir Uritish or foroij^n : 
 *' Cause'' s!i ill ini'iiido riiiy ('.■iiiso, S!ii;, riftio;), or other i)r()(i'i'tl- 
 
 inn^ institiui'd in iiuy VJro Atiniir.ilty t'oiirl : 
 
 ;^. In liny IJviLish | ossos-'ion uh(;i(! tiic ollifn of \ico Aihnir.il is 
 now or shall nt, any tiinM lion>afl(M' liccoini! vmimti!, tlm SovL-niur of 
 siu;h poss(\s.-jion sh.ili \)i' crof/i'-io Yir.' Adinir.il tliiTcof, until aiioti- 
 tication i.>. rtuHjivo I in tlii' f)oss(!rision that a foiinil tippointnicnt to 
 that oflKie has hiv.Mi iHa/h; by tin; Admiralty in tln' ni.innci- lu'ridn- 
 aftfr mentioned. 
 
 1. In anv British possosslon, where th'i oHunj of Judiio oi^ a Vice. 
 Adaiiraliy Coti t is now or shall ."'t any tini" lu'rc-ificM' ix'conm 
 vacant, tin.! < hi' (' .riislicc oi- iIk* jirincipai judiciril (inii-nr of huch 
 pos.-3«\ssion. or tiu! pci'son fur tin; time htiii.j^ iaufiilly anthorizi'd to 
 act as such, .••liall la; r.c otjirlo Jadj^cf of tiu! Viccf Admiralty Court, 
 uati! .'i no'.iiic.-ition is icecivcd in tiu; i):>s<cssion that a formal ap- 
 [)()ii!tm:!nl to til it oirii'c has l^-en m;ul') hy tins Adiuiralty iii th*! 
 manner hct cinjitter ni ■lUioned. 
 
 -■j III any British |)ossession, wh^n-e the oflice of reji^istrar or 
 marslial of any Vice Adinivaiiy C.Mirt is now or shall at iiny time- 
 hei'eaftca" hecomo vacant, th(3 Judii^e of the Court may, with the ap- 
 proval )f tl!(! (roV(.'rnor, .ippoint .»iome person to ihc vacant ollico 
 until a not'fi.'alion is received in the possession that ;i formal ap- 
 pointnu'nt tla-icto has Ihmui made hy tin; Admirnlty in tlie maniurr 
 licreinaffcer mentioned, .•ind may, for <^ood .-md reasonable cause, to- 
 be ap[)roved iiy the fiovermn', I'cmove tln^ person .^:o ;ippointed. 
 'I'he .lal;^! m>.y also ap;) lint som; pers )a t) act as rcv^istrir or 
 mirshal d o'iu^ llie tempor ry .•ilisence of either of those oiiicei's.. 
 
 () On ;iny v.-ienu'V in the t)Hiee of Jnd(>;e. re^^iilrai', or m:M>li:ill: 
 ofnny Vice ,\dm:j'a''y Court, llu^ Governor of tli(j British pi-session 
 in which liie '..'oiirt is eslaidishcd .«hail, as soon as is p:M.',!iic,il)hv 
 eoii:munIc;iie to one of Her M.ijesty's pi-incipal Secretari(^< ( f .StatO' 
 tin) fa-tol tlu^ v.ieancy, nnd the n;ime of tlu; p I'son succeeiiin;^ or 
 ap])oint»!il !•> the v.ic.int ofHee 
 
 7. Xothiii^' in this Act contained sh'dl hi; t.iken to aflbi-t tin- power" 
 of the A<liuir;ilty to appidnt .-liiy Vice Admiral, ornny .ludgt;, regis- 
 trar, marshal, or oilier officer of any Via; .\>lmira.!ty Court, an 
 iKM-etofoi-f , by uarr.i lit from th.e Adinirally. and hy lo^tei's patoat 
 'ssned aiidcr t!ie seal of the Ili^li Court of Admiralty ol Kn^land, 
 
 S. No act done bv any i)erson in the capacity of Judj^e, re;j,istrar,. 
 or marslia,! of any Vice Admirdty Cou]"t, wuich shall not hav(! been 
 .•^et aside by any omoetent authority befon; the pa.«sin<^ t)f this Act, 
 shall he heiil invalid by reason that such person had not been duly 
 appv)int(Hl, but all such acts shall bo as valiil and ellect lal as if done 
 by a pei'oon duly appointed. 
 
 9. No action, i)rosec'.!tion, or other proceedinfi: shall be brought 
 against any such person by reason of the illegality or informality of 
 any act hereby declared to bo valid and ettectual. 
 
 10. ' 16 matters in rrspect of which the Vice Admiralty Courts 
 .shall hiive jurisdiction are as follows : 
 
134 
 
 ACTS. 
 
 (1.) Clniins for soamoiTs w.io^es : 
 
 (2. Claim i for master's \v;i<;c's, :inil for his (risl)nrs(«mGnts on 
 
 JKJCount of the ship: 
 (;).) Clainis in rospcctof pihitajjo : 
 (i.) ('laiins in rosp^'ct ofsalvjiLToof any sli]i, ■ r of life or {jooils 
 
 thcrcrroiii : 
 (5.) Claims in respcji-tof towarc : 
 (G.) CJIa'ms for tlaiiri;;(! done by anv sliip: 
 (7.) (jlaim-i in n^spcurt of h iit cnrv or ivsiio iih' ri i !> );i:]-i : 
 (S.) CJ!a'ms iurespci -l o! any inn t'j:;i::c! wh'tv iIk' shij) h.is Ix'cii 
 
 sol.l hy a il 'crco ofMic Vii(t Aihniral;y (."o'li't, anil tho 
 
 prii('(>e(ls art- tinijin' his contrnl : 
 (9) Chiiius I.etwiu'ii tlic oum r- of any sliip rf^i^lcrcd in ti. i 
 
 pi)-iS(!ssion, i'l u'iiic'h tho CoMrl is csiahli-hid, touching 
 
 Iho o'vnursliij), posses ion, <'mploymer,t, or oarnin;^s of 
 
 sn li s:iip: 
 (10.) Claims I'wr iK-ccssarics supplitu', in the. po scs.-ion in wlii.-h 
 
 th'! ('oart is (isiulili^hcd, to any sliij) (>f which no owner 
 
 or part-o.vntsr is doniicilcd witliin tlio possession at the 
 
 limo of tilt! nece-saries i)ein'r su]>pli('i| : 
 (11.) Cl.iims in re-^pru-t ol tiin laiiltiinir, eijiippin;;', or repairing; 
 
 vvitiiin any I'ritisii possession o!' any ship of whiirli no 
 
 o\vM(jr or part owner is domieiled uitliin tho possession 
 
 at llie tim(? of tlx! woik hcinr done. 
 11. T.i ! Vi(!0 Ad iiir.ilty Coirt-i sliiU also liave jnrisdietion — 
 (1.) In all cases of l>n!aeh of tic re;;Mihi.;ions and instructions 
 
 relatinji' to Her Vlajesty's Navy at sea: 
 (2.) In all m:itters arisinj:; out of Droits of Admiralty. 
 
 12. Notiiinjj contained in this Act ^hall be construed to take 
 away or restrict the juiisdiction conferred upon :inv Vice A(hniralty 
 Court hy .tny Act of I'arli.uuent in res])ect of seizures for l)reach of 
 th(> Revenue, Customs, Trade, or Niiviij^atinn Laws, or of the l.,aws 
 relatinir to tiie .\l;oii:ion of the Slavi; Tr.ide, or to the ca,i)tnre and 
 destrui'tion of piratt's an;l piratical vessels, or any other jurisdi(.'tion 
 now lawfully <!XHrcised by any sueh Con t ; or ;iny other Jurisdiiv 
 tion 1 ou' lawfully exercised by any other Cou't within M(!r Majesty's 
 dominions. 
 
 13. The jurisdh'tion of the Vice -^dmirilly ' ourts, except where 
 it is expressly confined by this Act to mitfers arisini^ within th« 
 possession in which the Com't is established, may he excu-cised, 
 whetlier the cause or ri;iht of :iction li.is :ii'i-en \s ithin or be^'cmd the 
 limit-i of such "()Ssession. 
 
 14. Her Majesty may. hy Oi'der iu Council, from time to time 
 establish rules touching- the pr:u'tiee to b(^ observed iu tlie Vice 
 Admiralty Coui'ts, as also tables of the fiuis tohet;ihen i)y the officers 
 and jH'actitioners thereof for ;ill acts to be done therein, :ind may 
 rcipeal and alter the ex!stinj.v and all future rules :ind tables of fees, 
 and estiblish new rules and tables of fees in addition thereto, or in 
 lieu thereof. 
 
 15. A copy of any rules or ti hies of fees which may at any time 
 be establislied shall be laid In^fo 'e the House of Commons within 
 thrcie months from the establishing; thereof, or if Parliament sha I 
 not i)e then silting, or if the session shall terminate within one month 
 
ACTS. 
 
 135 
 
 ts on 
 
 rooils 
 
 K.'CIl 
 
 the; 
 
 li, i 
 
 of 
 
 ling 
 
 from tliat date, tlien within one month aftor the oommencemont of 
 the next session. 
 
 IG. Tlio rules and tables of fees in force in any Vice Admiralty 
 Court shall, as soon as possible after tliey have been reteivcd in tlio 
 British possession in whieh tlie Court is establislied, bo entered l)y 
 the rejjistrar in tlu' jMiblie Itooks or reeords of tlio Court, and tlio 
 books ov records in whieh they are so enlertid shall at all reasonaJjle 
 times be open to t'ln inspection of the i)ractitioners and suitors ij 
 •the Court. 
 
 17. A copy of the rules and tabh^s of fees in f< rce in any Vice 
 Admiralty Court shall be kept constantly hung; up in some con- 
 S))icuous place as wcdl in the court as in the ofilce of the rcj^istrar. 
 
 18. The fees established f(n- any Vice Admiralty Court sliall, after 
 the date fixed for them to come into operation, be the only fees 
 which sliall be taken by the oflicers and practitioners of the Court. 
 
 19. Any peivon who shall feel himsidf aj^fjjrieved by the cliarj^es of 
 any of the pra(aitioners in any Vice Admiralty Couit, or by the 
 taxation thereof by tlie oflicers of the Court, m:iy apply to the iligjh 
 Court of Admiralty of England to have the charges taxed, or the 
 taxation ti 'jreof revised. 
 
 20 The Registrar of any Vice Admiralty Cou' t sliall iiave power 
 to administer oaths in rcdation to any matter dei)jnding in the Court; 
 and any per .••on who shall wilfully swear falsel}' in any proccuuling 
 before the Ilcgistr.ir, or before any,ot!ier person authorized to admin- 
 ister oaths in the Court, shall be decmied guilty of perjury, and shall 
 be liable to all the penalties attaching to wilful and corrupt perjury. 
 
 SI. If a cause of d.iiuage by collision be instituted in any Vice 
 .VdmiraUy Court, and the defendant institute a cross cause in respect 
 of the s lino (collision, the Judgn ma\ , on ipplication ofcithcir party, 
 direct botli causes to be h^i.ird at the same time and on tlie same 
 (evidence; and if the ship of the defendant in one of the causes has 
 beim arre-;t.ed, or >(!curiLy given l)^' him to answer judgment, but the 
 ship of the defendant in the other cmsi! cannot be arrested, and secu- 
 rity h s not b(M'n given to answer jiidgment therehi, the Court may, 
 if it think lit, suspend tin; jiro'-ecditigs in the Hn-mer cause; until 
 secuvitv has been given to answer judgment in the Latter cause. 
 
 22. TIk! a]>peal from a decree or order of a Vice Admiralty Court 
 lies to IT(U' M.ijesty in Council; but no appeal slnill be allowed, save 
 by permission of the Judge, from any d(!cree or order not h.iving 
 the force or elfect of a definitive sentence or final ortler. 
 
 2;"). Tlie time for appealing fi'om any decree or order of a Vice 
 Admiralty Court shuU, notwithstanding any (existing enactment to 
 .the contriiry, be limited t>) six monlhs from the date of the decree 
 or < rder aii])ealed from; and no api)e:i.l shall be allowed where the 
 petition of appeal to Her Majesty shall not have been lodged in the 
 Registry of the High Court of Admiralty and of Appeal* within ihat 
 time, unless llru" iM;ije^ty in Council shall, on the report and recom- 
 mendation of th(!Judicial Committee of the Privy Council, be pleased 
 to allow the app(?al to lie prosecuted, notwithstanding that the peti- 
 tion of appeal has not been lodged within the time prescribed. 
 
 24. The Acts enumerated in the Schedule hereto annexed marked 
 B. are h(!reby rejiealed, to the extent thennn mentioned, but the 
 rei)eal thereof sliall not affect the vadility of any rules, orders, rogu- 
 
I 
 
 i;]G 
 
 ACTS. 
 
 Inlions, f'l' t:i!il('s of fi'c-i licrcfororc (•stiihli.lic.l mikI iiou' in force, hi 
 inii'snanct^ of (lii^ Acl, 2 it :! Will. ! i-. ,')\ ; hut, sucli rule-:, onlcr.'j, 
 n'j;iiI;ifioiis, Mild lihlcs of ffcs, slmll coiilinut) in forco until rcpf.'iiled 
 or iilU'rcil nndcr (lie provision of tliis Ai-l. 
 
 si'iii.;:ii-|,K'A. 
 
 /All o/ liif cjunihif) ]'!cr Ailiiiiv'i/i!/ I'oiirtf t" K-liii'li i/i !■! .\<i iii)i)/i'< II. 
 Ant'Kna liuiiKjCoiiK. I'r'mco Ivhvanl If<liii)(l. 
 
 Ititll!)ll|:i8. .riltll ac.l. QjlJ «'li.<|:m'l. 
 
 Ti,irl)ii(li><"'. liiibiiriii. ;->iii!i' CiiriMiiii'lii.T. 
 
 ]'>iriiiii(lii. hiijfD.i. Siiiiil, Mi'li'iii. 
 
 Ilriiisli ('(ilmnbi.i. Iinwer Ciinml'i. ' ♦liTwiso Siiiiit liiiciii. 
 
 liritisli (IiiiiiiiM .Milr:i. [(JufUi-c, l^'niiit Viiicfut, 
 
 l!riti.--li lloi'(liii'.'i.=. M.'iiirit'iis Hicrrn I.'.'orii-. 
 
 (';i|w> olMiiioil lloi)t(. AI(>iit-<fn-.il. iSmili AiMtrilia. 
 
 ('(•ylim. Niifil. 'Tain iiiii. ('■iniiiTly oilleil Vait 
 
 ll'Miiiiio 1. Nfvi.-i. To'iiifro. Il'li-inii'? l-niid. 
 
 I!riti,-li 
 
 <';i|>'> ol'liiioil lloi)t(. 
 
 ('(•ylim. 
 
 lI'Miiiiio 1. 
 
 K.ilkl iii.l r.slniid 
 
 U'liiiSii l;i\'or. 
 
 (iil)rilt!ir. 
 
 (iold (,'(liist. 
 
 (iiunnil.i. 
 
 Uefercneo to Act. 
 
 AI(>iit-<fn-.il. 
 Niifil. 
 Nov in. 
 
 V('\v Itnuswick. 
 XowComikH iinl. 
 New SciiiMi WiiloH. 
 New '/, ■■■<\:>n I. 
 
 ^•'|)vn Sonti'i. dlhorwiHo 
 
 [Illllif.X. 
 
 . ^m iiiii. ('■iniiiTly oill 
 To'iiifro. I !»ii-in u"? 1 
 Triiiiilid. 
 
 Viiiiidiivc'i'.- I.-Iiinil. 
 \'irt(irii;. 
 
 \'iiKin l-liin I-', nthcwi 
 \\'f.rt-jrn Aii-tnili:!. I 
 
 Tortoliir 
 
 Sl'lIKDlJLE r.. 
 Ans Axn I'virrs > v Acts itr:i'KAi.K.i). 
 
 Title f>f Acf. 
 
 Extent of llcpeii). 
 
 .v.doo.in. (!. s.'. 
 
 5G'J0. IV.o. ll:l. 
 
 An Aft t') rcii'ter vuli 1 tin .riidioiil .".i-t.s ofi Ilio wliolo Act.. 
 Siirruff it>?.s of Vii-c Adinirnlty ('mirtH' wivo un rejriirds 
 nbi-oiid, iliii-in« V.i^Mii :iiM in ()liiL'o ot'| llur Miiicsty'H 
 Jtitl^ .'S Dt'suuSi Coiirlt). I I'osst'.-isioiis in 
 
 j India. 
 
 I An Ai^t to amend :ind cr.nsollditc tha Tjju-; SaPtion 2!>, ftvo (is 
 
 niliitin;,' to tliL< Abolit on of tlio Slii\ iibove. 
 i Tnidj. 
 
 21-3 Will.lV.c'.'>i.l An Act to rcuu'iito thd Prnotico nn 1 tlu-l'lio wliolo Aoti 
 I l''ei!S in tlr.' Vi.-c AduiiiMlty <^\)iii't.^;il)ro!id | s ivo as nb:no. 
 iind t(.' obvi ite D jubw iis l> tboii- .Juris 
 (iiolion. 
 
 6 .t T Viot. c 8. I An Aut (o iniko fartliur llisulations for 
 fiieilitistint,' tb ■ b ariiiK A|i|)o:i s and otlci- 
 Matters Ijy tlio Judicial C)ininitle> of the 
 I'rivy Council. 
 
 17 & IS Viet. c. 37. 
 
 Section 11, .so far 
 as it relates to 
 Aiiixwilo from 
 A'ci Admiralty 
 (Jiiurtsi. .»avo ns 
 above. 
 
 An Ant for cstabli.-iliin;? the V.i'idity of cer-iTiui whole .\et. 
 tain l'royi!e iiiiRs m Her Majesty's Court' 
 of Vice Admiralty in JMiniritius. ' 
 
 Ji the Court at Windsor, the dth day of September 18G5 ; 
 
 PRE.SENT, 
 THE QUEEN'rf MO>T EXCELLENT MAJESTY IN 
 
 COUNCIL. 
 
 WuEKEAS there was this day read at tiie Bonrd a Memorial from 
 tlie Right Honourable tlie Lords Comniis.sioin'rs of the Admiralty, 
 dated the 2oth of August 1865, in the words following, viz : — 
 
 Wherejis by the Act 2Gth Victoria, Cap. 24, Intituled the 
 
 afaHfew 
 
Ill 
 
 0(1 
 
 ll. 
 
 13 
 
 ACTS. 
 
 vn 
 
 '• YiiM -A(]iiiir;ill_v ('<iiirfs Act, ISn:?,' It w;vs, Miuonjr'^t nll-c'r 
 tliii.ss, ciKichMl tli:it Your Aljijoly nijiilit, 1))- Order in 
 Council, from tiino to tinio ost.ilillsli Iliiliis tonoiiiiiu; tlie 
 Practice to he observed in (Ii»( Vice-Adiiii r.ill v (^ouits, :tnd 
 n»i;rlit repeal Jiiid .dlei' the e.xi-tiii^r ■'iiid nil f iIiik- I'nlos, 
 .••ml esldhllsh new Rides in nddilion tlienjto, or in lieu 
 tlHM'Cfof. And wlieici.H hy th(! Act '27 and L'S A'^ictori.-i, Caj). 
 24. intitided "Ihe Nuvid Aireney :ind Dls'ribnlion Act. 
 ISIU," it \v;h, !nnon<;st other tliin;^s, eiiiicted tli.-it Your 
 M!ij(!>ty in CoinK-il n)i;^lit h'oin time to time make; .s\jeh 
 Onlers as .«liouhl f^i'eni meet for tlie hotter oxecntion of that 
 A(tt : And wlicreas hy an Ordi'r in Co'incil of tlio '-'•_'iid day 
 of (.)ctoher. IS,V.), ct rtaiii Kiiles, Order."-, and Uei;ula!ionH 
 weri; estal)lished loiuliiii*; the I'r.utiiu! to ho oliserved in 
 Courts ol Vice-Admiralty aliroad in l*roceediii£j-< institiitocl 
 on ix'iialf of Y'onr Majesty's S|iij)s, and it is (!X|iedieiit that 
 the saiil Hule-j, (Jnhjrs, and llo<z;idations shoidd Iio ro- 
 poalod, and lliat n;i\v nj^jiilalions h.iodd l)e estahlisheJ 
 in lioJi lliereof : Now iherofore, we. Your ^^ajesLy■s (Com- 
 missioners for exeeiitinjif the Olliee of Lord IIif!,li 
 A(hniral of the United Kiiioiloni of Groat Iiritain and Ire- 
 land, do hnuihy snhniit. that Yonr Majesty will h(! •gra- 
 ciously pleased to rejx'al the said Ilules, Ord(U's, and lletru- 
 lations o-tahlished hy Yonr Majesty's Ord(!r in Coinii'il of 
 the '22nd day of Oi;toher IS'iO, and in lion thereof to ostahlish 
 the following llegulations : — 
 
 I. Whenever any jn'oeeeding h:'s heen instituted in any 
 Yice-Adinu-alty Court within ller .Afajiv^ty's Dominions, by 
 or on hehalf (jf any of Her Maje-sty's Sliijjs, for or in respect 
 of iiny of the matters enunicratt d in the 12th Section of 
 the Naval Agency and Distribution Act, 18(i-l:, llw; I'loctor 
 who shall have conducted suc^h proiu-edingon hchalf of Her 
 jNlajosty's Ship shall, on the termination of the -nit, submit 
 his Rill of Costs fox* taxation, and the Court sliall thereupon 
 tax the same as hotvvoen Proctor and Client. 
 
 II. If in any such proceeding any proceeds have heen 
 realized and :ire remaining i:i Court, the Court m:iy order 
 the amount at which the IJill of Costs lias been taxed to he 
 ))aid thereout, and the balance of the proceeds, if any, shall 
 thereupon be [ .lid to the Senior Commissariat Officer in the 
 Colony, to the end that the same may forthwith be remit- 
 ted to this Connti'}-. 
 
 Iir. If there are not any proceeds, or if the pro(;eods .are 
 insutllciiiit to pay the ci sts, the Commanding Officer shall 
 either by himself or through the Agent of the Ship make 
 provision for tiie payment of any sum that may he due in 
 res|)oct of any such proceeding as may have been instituted 
 in the Court. 
 
 IV. The Registrar of the :ee-Admiralty Court shall, as 
 soon as he has ti xed the Bill of Costs, and wlnjther the 
 amount thensof has or lias not heen paid out of the pro- 
 ceeils. forw.ard the same to the Registrar of the High Court 
 of Admiralty of Englan<l, together with a Certificate, 
 
 ■^^■ki^^i^^,^^*'^ 
 
I 
 
 ACTS. 
 
 188 
 
 (ilfjnod by lilmsolf, stjitin<j the aniunnt of thu i)r<)cnofls, if 
 any, tlio i)aynionts tluiroout, and the balance which has 
 hcisn pahl to tlie Commissariat Oniccr. 
 
 V. Tlif! Aj^cnt for the Ship shall, when th(i prooocMls anil 
 l)()untics liav(( bocn i)ai(l to the Naval Prlzci Acconnt, leav!) 
 •with the Uo;;;istrar of the Ili^h Court of Admiralty of Kng- 
 lund his account for taxation, and niay incdnde therein any 
 charges that may have been i)aid by the Comniandinj; Olll- 
 ccr or by himself, and the Rejjjistrar may dliect the amount 
 at which ho shall have taxed the said account to 1)(! paid 
 out of the proceeds and bounties standin*:? in the Naval 
 Prize Account to the credit of the Prize. 
 
 VI. The Hegistrar of each Vicc-Adniiralty Court shall, 
 within a month after the termination cf each quarter, sencl 
 to the Kej^istrarof the High Court of A<lmiralty of England 
 a Return, signed by himself, in the Form marked No. 1 
 hereto, of all Prizes in respect of which any proceedings 
 have been taken in such Vice-Admiralty Court during that 
 quarter. 
 
 VII. These Regulations shall, if approved ijy Her Majesty 
 in Council, come into operation on the 1st day of January 
 1866. 
 
 No. 1. 
 
 Name 
 
 Name 
 
 Xnnie 
 
 
 of 
 
 of 
 
 of 
 
 cnp- 
 
 Colu- 
 
 
 turiiiK 
 
 mn n (I- 
 
 Prize. 
 
 .•^hil). 
 
 iriK 
 Otlicer 
 
 Dflto 
 
 of 
 Cap- 
 ture. 
 
 Date 
 
 of 
 
 A int. 
 
 of 
 
 Pro- 
 
 A(lju-j coeds 
 dica- j i)Hid 
 tion. into 
 1 Court. 
 
 Amt. 
 of 
 
 Co.'<ts 
 
 taxed 
 
 Pa.ym. nt.s out of 
 Proceeds 
 
 To 
 wliom 
 
 piiid. 
 
 Wlien 
 paid. 
 
 Am' 
 piid. 
 
 I]al. 
 
 a 
 o 
 '■*-* 
 
 paid 
 
 to 
 .'om- 
 
 i.ll.S- 
 
 a? 
 
 <:iriat 
 
 om- 
 
 O 
 
 cor. 
 
 
 Her Majesty, having taken the said Memorial into consideration, 
 ■was pleased, by and with the advice of Her Privy Council, to approve 
 thereof, .md of the Rules, Orders, andRegulationsthei-ein contained, 
 and also of the Form thereunto annexed. And thw Right Honour- 
 able the Lords Commissioners of the Admiralty are to give the 
 necessary directions herein accordingly. 
 
 (Signed) 
 
 ARTHUR HELPS. 
 
 • 
 
138 
 
 ACTS. 
 
 130 
 
 His, if 
 
 I lins 
 
 s iuul 
 I(!av!) 
 Kiiir- 
 
 o 
 
 
 nOinid.U "VnCT., CAP. XLV. 
 
 \ii A(!tto«'xt(!n<l :in(l unitind the Vice-Adniirulty Courts Act, 1808. 
 [15lli Jul;/, lHr.7.] 
 
 He it. <'ii i(?t(!(l liy tln' (^iif^'n's most Exi-cllinit Miijcsty 'n' Jind witli 
 tlio AilvicM (indConsont of tlio l-Di'ds Spiriltml ;in(i 'I'i-inporjvl, and 
 (loimnons. in this picscut I'.irliriiuent ii.sscniltlcd, and l)y the \n- 
 tlioiitv of t!,n siiinc, IIS fol ows: 
 
 1. Tills Aft uKiy l)(( <'it.-d fnr ;ill I'lirposcs ;is fhn'l'ho Vico-Adinir- 
 (iltv (jourt-* A"t Ainitiidinciit Act, 1807. 
 
 2. Tliis All, sliiill !)(> rend :is One Act witli tlio Vice-Adminilty 
 Courts Act, ]H(V.]. 
 
 ,\. Ill till! iMlci'protatioii iuil fir tliti Piirpr>-;f«s i)r this Ai^t (If not 
 iiio )nsist')nt wir'i the ('o-it '\* or S;ihjHct M;ittH •) tijo f dlowiriff TcM'ins 
 sh;i'I h:iv(! lli(! ro-p fctiv(i Mvi'i'ri'jf-t hiu'oin-afkcr ii«'sinf|i<>,l to tlicni ; 
 th.it is to say, 
 
 '-.lud^d" sli.ill niciin tli" I'crsoii lawfully!.^ loinl'Ml l)y tlic Admir- 
 alty to lie Jiidf^c of any Vicc-Adiniraity Comt, or, in d(>fault of 
 sucdi Appointment, tlio ('hicf .riisticc or PriHcip-il .fiidicial Olli 
 ccr, or llic Person for the Time l)('inx i;i'vfiilly aulhoi i/ed to act 
 as till! Chief Justice or i'ririci)).i] Jiniicial OlVicer in the liritiah 
 Possession in wliic^li sucli Coiu't is estdhlislied : 
 " .rudicinl Power " sh:ill mean all Powei's jind Autliorities which 
 may Ix^ lawfully exerciseii !)y, and all Duties hy Law im))()sed 
 u|)oM, any su(!h .huh^o, in tho Trial, Ilearini^, or Pro<:;ri.'6s of any 
 Cause : 
 " Ministerial Powers'' shall moan all Powers and Authorities whici) 
 may he lawfully exorcised hy. ;ind all DiUies hv Law imjxisod 
 upon, any such Judge, not included uiuler the J'erm " Judici.al 
 Powers:" 
 "Sit" or " Si ttin.'jj" shall ni 'an Sit or Sittino: for the Ivxercise uf 
 
 Jiulicial Powers, whether in Court or in Ch.aiulxn's. 
 4. On the (Governor of any Ihillsli Possession, who is also Vicc- 
 Admiral thereof, va('atin<i: th(f Olllee ofCJovcrnor of such Possession, 
 the OlVice of Vice-Admir:il of the s;ime Possession ."^hall then^upon 
 he deemed to he also vacant within the Mc^aninjj^ of the Third Sec- 
 tion of the Vice-Admir.alty Coiuts Act, 18(!;]. 
 
 ,0 Th(> ,rud;j^o of !ii y Vice-Admiralty Court may from Time to 
 Tiiue, with the Approv.-.l in Writin<jf of the Governor of the British 
 Possession in which the Coiut is estahlished, appoint One or more 
 Pejatty .Tudof" or Judires to assist or represent him in the Execution 
 of his .Tudi(ual Powers 
 
 fi. It shall he lawful for :iny such Deputy Judtje to exercise all 
 the .Judicial Powers of the Jiidire : and all Acts dorK- l)ysuch De))uty 
 .ludjro shall he as v.illd and eflei-tual. to all Intents and Piu'poses as 
 if tlH'V had l)een doncs hy the Jiidre; and all Orders or Decrees made 
 hy such Deputy Judire shall i)e sid)ject to tlK; same Kijrlit of Appeal 
 in all respcM't-i jis if they had l)«'cn miuh* hvthe Jnd.re. 
 
 7. Any Dejnily Judg<! nuiy sit .at the piincip.il Seat of (ioveru- 
 nu'.nt or elsewlxu'e in the Possession .'it tho same TiuKs that the 
 .Tudire or any other Deputy .Iiidire is sittinfr. i'ud either at tho same 
 or at any otluu* Pl;ice in such Possession, and whctluu* tiie Judge is 
 or is not .nt that Time within the Possession. 
 
 8. Tin Judge may, if h(i thinks fit, require any such Deputy 
 Judgci or .ludges to sit with him in the same (Jourt, aiid in such Case 
 the Decision of the ^fajority, or, if they are equally divided in 
 
t 
 
 ACTiJ. 
 
 Opiiiioii, till) Dtirision ol []h: .hh],x*\ sii;ill hi", tlin Di'd/tinn of llic 
 Ciiiirt; luiil such Doi-i.Moii sh;ill Im sahjiu't. tc) tho m.iuic l»i;;lil of 
 ApiH'.'il in mH I'ttspiH'ts MS if it liml l»t'('n uuulo hy tlio .Iiul;^t! alone. 
 
 !). Th** .IikIj;!) niiiv tlirort til wh.it Vhuw .iml Tiuin jiiiy sn. I« 
 Dcpiily .FikI'Ch sli.ill sit,, iinil \vli;it (/'smisu.s s'l.ill ho hts.iitl hcfidM) hin>. 
 juiil ^JTntiiM'filly iii;il<t( silt h A r!iii!^.'iU''ii!.s ;i-< titliiin shall s tun pruijcr 
 iis lo tlic i)i\isi.»i\ :i.ii(l l)i'S|);itih of llu! !^i>iii. 'ss (if tlic (.'oiii't. 
 
 10. 'IMm .Iu(l;:<! niiiy, iflu' thiiiUs lii. with tlm Appr.iN .il in W'ritiny; 
 oftlH' (lovcvnni-, ;it, jii'v Till!.! rttvoUc fhn Aiip.diiinit'nt (.f iiny snch 
 J>('piity Jiiil<;»Mir.Jiiil'^('s, imt tlm AppoiulnK'iit shull not hu tlctcM'- 
 mincil hv l.!i(! OiuMiri'diicc of ii \";ir;i.iii'V in tin? (JUici' of tln' .Ind;);''' 
 
 11 Tlu' .Inti^c' nriy, if lit' thinks tit, from I'iin ■ to 'linn' iI('h';j^!iU' 
 nil or nny (if iiis .Mini«.U'ri:il Towers to iiny snuh I)(?pu!y Ji^l;;e oi" 
 .Iinlycs 
 
 12 Tlic Jinliri' iiiJiv from Tiini! to Time, if lit! thinks Hi, nppttini 
 liny comptstent rersoiis lo tu>{, resptnuively :is Deputy IS; nislnirs iind 
 J)(piily A'lirshiils of the (.'uiii't. .'iiul m.iy, if he thinks lit, nt :iny 'rime 
 rnv(;'>n tiny siiuli Appointment, hiii tiio Appointment sh:ill not hu 
 •lelenniiieil hy tint (Jecarronee of :i Vuni'iuify in the OlVnc of tile 
 .hiili:;*;. 
 
 ];>. Notuitlist!inilin<j iinythinjj: contMindil in this Act. it shull hi' 
 liiwfnl for tho At|mii';illy, if they think lit, :it .iny liim? to iwokt; tln^ 
 Appointment of ;inv iiepiity .IikIl:;!-, Deputy !;e;;:str.ir, or Deputy 
 Miirshal :ip?:ointetl nntk ;• lIiIs Act. 
 
 1 L Any Deputy .)!;• f, D(!))ntv lJej2;istr:ir, or Deputy M.uvsli;il, 
 !ij)pointeti uniler t'lis Act, slnill Ix; (uitulcd to tho same 1m;(!S in 
 respect of ;i,ny Duty pci'fornuiil l)y him :is woiiltl Iw. lawfully pnyjihlo 
 to till) Ju(1;j:o, Iio^ifi'^triir, or .Miusiial respect ivc'y for the I'lirfornnvnce 
 of tlio samo r)uty. 
 
 1"). All Persons entitleil lo practise us Advocates, H;irristors-at- 
 Law, I'roetors. Attoi'neyj,-a.t-Lrv, or Solicitors in vhe Superior Ct)urts 
 of !i llritisli l'oss(?ssion, shall hu entitled t(» practise in the same 
 respeclive Cap;icities in tlit! Vice-Athiiiralty Court or Courts of sucli 
 I'ossession, ami shall havi! therein all the Ui;i;hts ami rrivil(!«i;es 
 rospectivtily helone;ii)<^ to .Vils'o' ativs, BarristiM's-at-Ij iw, I'roetors, 
 Attorn(.'ys-al-L;iu', and Solicitors, ami shall in like Manina' he snh- 
 Ject to the Authority of the I'erson for the Tiiu(3 heing lawfully exer- 
 cisinf^ the Office of -Juilire o.f'suiOi (Jourt. 
 
 1(). It shall i)e lawfd for Ihu- Mijesty to empower the A<liniraltj% 
 by Commission under the Groat St;.il, to estai)lish C>n(! ()r more Vice- 
 Admiralty Courts in any lirUuk I'ossc'ssion, notwithstamlinir that 
 such Possession may hav(! previously acipiireil indispenilent, Legis- 
 lative Towtu-s; anil the Juristliction and Authority of all tiie e.\istin<>: 
 Viee-Adiiiiralty Courts are lierel)y declared to he coniirnieil. to all 
 Intents and Purposes, notwithstindi' J.? that the Possession in which 
 any such Court has heen estahli-^hed may at the Time of its Kst ihlisli- 
 nient have hoon in possession of Leijislativo Powers. 
 
 17. The Viee-Admiraltv Courts Act, l,So3, shall, toirethcr with 
 this Act, apply to any Vice Admiralty (Jonrt now ostahrnliGd or 
 hereafim- to he estahlislied in the SlntUs Settlements. 
 
 lb. The Limitation of tilt! rime allowed for A|)peals contained in 
 the Twenty-third Section of tin; Vice-Admiralty Courts Act, 18G3, 
 shall be held to :ipply to all Decrees or Orders pronounced in any 
 Vice-Admiralty Court now estahlis!u;d or htu-eaftor to be established 
 in any of Her Majesty's Possessions in Indiu. 
 
 I 
 
 
fi !>• B > i •: X 
 
 ACT 
 
 
 Oil IViliioii. iritMrc ul. 
 
 Kiicl.-t (illt';i('(l t - bi' MiL'iifhf.»tl by Allliluvlt V^ 
 
 Al^o t xhibl' iiiiii. xcil l'> 
 
 'I'm h<' ln'iml (/ 1'iii't.i' Im ( nsv olMiluy 1'* 
 
 \iiv liiclik'iiial nititi' r l)v oiilfi- ot Jiidyo Met Ibrih In Act on 
 
 rrllli(»!i, 
 
 ■Form of, oil ridtcs;, 
 111 cjisc of Uuiumry, 
 
 4.S 
 
 ACTION. 
 
 Pn'(U'((llii;;s by ^ 
 
 r 
 
 >r. 
 
 l$y rii'ii mill I'rooi 
 
 UV Act on IVtltion 
 
 For iMiuiiK rs' Wm^cs, 
 
 Stills !'ov l'ilot!l{il', 
 
 Suits Of P.oVioniiy 
 
 l)aiii!i:;(' hy ('uHu^ioii, 
 
 lU'iilin^; or As.^aiill on Ilifili Sea, 
 
 Ill Bri;u li of Mailtiine I/iws. 
 
 Suits lorSiilvHiprt! 
 
 (^uif'is of ro^s-cvsMion, 
 
 To obtain Stcmity for Stifti Hetiun of Vessel, 
 
 In Derilict (.'uses 
 
 11! ticatiiiciitof Sl:ives, 
 
 Brtacli of Ifcvenuo Laws 
 
 Bail to 
 
 ACTION BOOK. 
 
 What is 
 
 To bo k(|.t in Kt s'st'T. 
 
 rroc<-e(liii;.is by Action to b« oiitered hi 
 
 Entry i i ( a.-c of Brcacli of Maritime Laws, 
 
 Ill Cansis of Possession no amount of action need be inserted in 
 
 Till' same in Derolic', Cases 
 
 SiibdiK'tioii of an Action made in, 
 
 AFFIDAVIT 
 
 By Action, to be exhibited to Registrar,. . , 
 Form oi, in Cause, Subtraction of Wayos,. 
 
 In Cause of PiiotJigt', 
 
 In Cause of Bottomry, 
 
 Of Daiiia^'-' t)y Collision, 
 
 ( )[ lU-at ing i)r Assuuit, 
 
 On Entry <d' Action Case of Salvage, 
 
 In Support of Decree by Default in Subtraction of Wages,. . 
 In Support ofD'-crec l-iy D.-fault, &c., in ease of Bottom y,., 
 
 rrocccdi:,y; au'aiiist IVrishable (ioods. Default in, 
 
 When Api'r.ised value i "Slip cannot be obtained, 
 
 As to Notice of Bail 
 
 To preceiU' Warrant iu a Cause of Possession, 
 
 To obtain Bail for Safe Kelurn of Vessel, 
 
 In Support of Claim of Property, Derelict Case, 
 
 For Breach of Hevenue Laws, 
 
 » 
 15 
 1<( 
 l(i 
 17 
 17 
 17 
 17 
 18 
 
 Id 
 
 20 
 21 
 23 
 24 
 6 
 
 3 
 3 
 
 8 
 
 18 
 l!i 
 
 -M 
 
 27 
 
 :\ 
 
 43 
 4.3 
 44 
 
 •I'l 
 
 44 
 
 45 
 
 45 
 
 4f> 
 
 47 
 
 48 
 
 48 
 
 121 
 
 122 
 
 123 
 
 123 
 
s'ix^xKiims^ietym" 
 
 ^mn^ 
 
 142 INDEX. 
 
 Page 
 
 ALLEGATION OK KHSPONSlVE TLEA. 
 
 Form of, Siil)ti'!it;i')ii oT Wa^ii's, &(;., 7G- 
 
 rit'iKliiij;- OH'oiice of Siiimiiiiuliii,s>:, &c., 81 
 
 For iM.iiiin'r, SuhMvictioii of Wa^es, 83 
 
 Ii. Omist' of I):uii.'iui.' hy Collision, f)0 
 
 By Iiiiitiii;; or Assaiil:, ;'i;j 
 
 (iciici'iil l'',xf('pl,io!i.s lo Croilit of Witiuiss, [),") 
 
 Si)i'ci;il. &(;., <)5 
 
 AD.MIHALTV— Sc-i' Virc-Adiiiitaliy. 
 
 ANSWICIJS. 
 
 Fonii of pi'rsf»n;il. on b(li:ili of Miiritioi" in canst' of Sublrac- 
 
 lion of W.ijuoK , 58 
 
 To a li<j^[>oii.>«iv(' J'lc'i yivi'ii on pait of Mai incr in tansf of 
 
 Snl)lr;ic inn irf Waufs .")0 
 
 To a Libel (.'au^u of Daniajic- by (.."olii.-.ioii, cy 
 
 Of Jit-aliii;; o; A?*. :i:>lt, (Jc; 
 
 ATPEALS. 
 
 "■J'o !)(' asscrlt .! w iiiiin iJi'u't i, iluys after (iecri.'t' 
 
 I'roceediii^s ui;, 
 
 Hail and a!ii<>iiiil o ., 
 
 Notice of, 
 
 'I'o !)(' unul'.' wiiliir, > x luiiuilis to liijili C'<»m ; of Admiraliy. 
 None. sa\ (' Iron liii:il .-« .iu-imo or (;rder 
 
 Al'PEAlLVNl i;. 
 
 Wi'h Hail, 
 
 Willioni I5.d! 
 
 ArPliAIt^EMEM'. 
 
 In LUf^o of J)ef.ii;li :i;ni Tel isliab)'.' Goods , 
 
 Decree of, ex ra^i.-din certain Salvaji;e cases, 11) 
 
 ('omn)is8ion> for, uiicn 2'J 
 
 By wlioni !o be ex! ra( led, :U 
 
 Ferislnible G.'Oks in Derelict Cases, 22 
 
 AI'ltEST. 
 
 Never to l)o made wiien jo.stice oth<jr\vise obtainabi'.,, 3 
 
 Mode of niaUin;;, 4 
 
 Warrant nmsl be shewn - 4 
 
 When serv-il l)y other thiiu >'ar>lial, i 
 
 Oi projierty and no appeara.nce, 5 
 
 In Contested Suits, Property in custody of Court 7 
 
 ASSIGNATION BOOK. 
 
 To bo kept l>y Ivey;istrar, 2 
 
 Entry of Minute in, on ex-ciiiioii of Warrant, 4 
 
 Entry in. Proceeding: by Delanlt, o, 7 
 
 Appearance nnder Protest in Contested Suits, 8 
 
 Entrv in, in I'roccedinirs by Plea and Proof, 10 
 
 On LAaiiiinalion of Witnesses, 11 
 
 In certain ca.ses, entries by Kegisirar, 14 
 
 Minute, l)y Act on Petition, 15 
 
 I'/Utry in Salvage Suits 19 
 
 (-ondemnation of Derelict, niade in 22 
 
 Etitry in, in case of Tender, 27 
 
 Minute made in, on Taxation of Costs, 28 
 
 Minute in, on Appe, Is 30 
 
 Practitioner of Court may attest decree in, 33 
 
 BAIL 
 
 May be given after entry of an Action, 4 
 
 Ai.pearancc without, 5 
 
 30 
 30 
 30 
 30 
 13.-) 
 132 
 
 'y 
 5 
 
 G 
 
 
LNDEX. 14S 
 
 Page 
 
 Connuissioii lor takinii, when to issue, 5, 29 
 
 III contested Kuits, properly released on, 8 
 
 To uiiswer un Action. &c., iiow given, 8 
 
 Tulien ex parte on Aflidnvit, when, f, 
 
 Causes of Possession not Bailable except by Jud^res' Order,. . 8 
 In Case of ()tt\;ncc against Kegulations of Ilcr Majesty's ser- 
 vice at iSea, ! 18 
 
 Ship Kestrained by part Uvvner proceeding to Sea, may be 
 
 given, 21 
 
 In Case of IJieach of Hevenue or Navigation Laws, 24 
 
 In Appeal, must give, to I'nswer Costs, 30 
 
 Form ol Allidavit as to Notice of, 48 
 
 Form of AHivlavit, Surelic^ justilyiug as, 128 
 
 BOTTOM KV. 
 
 Suits of 17 
 
 May be Conducted by Default or in pcviiam, 17 
 
 Wli'ii Boiul eniitested how cause conducted, 17 
 
 Form of Allidavit on the lOiitry of Cause of, 44 
 
 Form of Atlidavit in Support of Decree, &c., in case of 4G 
 
 Form of Act on Petition in Cause of, DU 
 
 CAliCO. 
 
 When Freight for, may be Arrested. 34 
 
 Commission for unlivery, when, 2t) 
 
 CaUSK. See Action. 
 CERTIFICATE. 
 
 Of Arrest, 4 
 
 To be endorsed by Alarshal on Warraiit, 4 
 
 Affidavit in veiilicalion, when necessary, 4 
 
 CLAIMS 
 
 For Mftrincrs' wages 10 
 
 For Pilotage KJ 
 
 Suit of Bottomry, 17 
 
 Damage by Collision, }7 
 
 For Beating or Assault, 17 
 
 Form of, for Proixrty proceeded against as derelict, 122 
 
 Form ot, against Ship lor breacii of Navigation Laws, &c 125 
 
 In wliicli CouiL has jurisuicllon, 134 
 
 COLLl->iION 
 
 Damage by, 17 
 
 Form of responsive plea lor damage by, 9U 
 
 COMMISSION 
 
 Addressed to person to execute process 3 
 
 To take Bail, must accompany Warrant, 5 
 
 When to take Bail, Answers, &c.. issue, 29 
 
 May issue lor unlivery of cargo, 29 
 
 To be directed to responsible persons 29 
 
 COMMISSIONER 
 
 To execute process, 3 
 
 To take bail 5 
 
 If more than one, to be nominated by each party, 29 
 
 Sureties must always justi y before 34 
 
 COSTS 
 
 To be borne by partj proceeding for safe return of ship, 21 
 
 lu breach of Ileveuue Laws, 20, 27 
 
 On tender, 27 
 
 Taxation of, 28 
 
 Adverse Proctor may object to amount, 29 
 
 On Appeals, 30 
 
.^5i^"T'*.'5>w«:,"w:y^" 
 
 
 144 INDEX. 
 
 Page. 
 
 Monition to psiy, on return and service ol Warnints, ;U 
 
 On Iiiterloculory Dccroo to whom cha'yeablc. ;i;5 
 
 No Monition to pay, until ri-^iihuly taxod, oi) 
 
 In certain c ases, what allowed .".") 
 
 Foes allowed tiie Judge in a Cau>e, ;>7 
 
 The Registrar ;!" 
 
 The Marshal ;',i) 
 
 Advocates and Troclors - 40, 41 
 
 Establlsled Fees iil )ne to b.; taken ];'>^ 
 
 To be IJir.ii: up Coi.spii u )ii.siy in U'-yi-^'rar's Uillce 130, l;J.") 
 
 Ttixa'i M! nriy be Kevi.-cd by Hiirli Court of Adniiraltv, 135 
 
 COUNSEL 
 
 Fees f'li' A! tendance on 42 
 
 CROSS-KXAMINATION 
 
 Of Witnesses, How Conducted, 11 
 
 DAMAGE 
 
 Jiy Collision, 17 
 
 By Beating or Assault 17 
 
 Form of Libel, by Collision, ."> Ir 
 
 Form ni' Libel, by Beating, 50 
 
 Form ef Personal Answers, by Collision Go 
 
 The san.e, in east? of lUatin^', &c.,. . ()(J 
 
 Interro^'aioiies for Witness, &e., by Collision, 72 
 
 The same, for Witness, &e., by Bi'Uiing. 74: 
 
 Form of Allegation, «!te., by Colli-iion !>U 
 
 Die same, i>tc., by lieatiny;, {)3 
 
 DECliEE 
 
 In case of Default, 5 
 
 By rii a antl Proof, U) 
 
 In Suits for Salvage, hs 
 
 Of Arrest, in Breacli of Maiilime Law 17 
 
 iiiiti:l"oniory, for Pi ssession of rtliip, i:) 
 
 ()l Possession, issue when, ::(.' 
 
 For Breaeii of Revouue Liws, 2i 
 
 Inierloi!iitor_\', iniisl iil wa.\ s Ijt; moveti oy Uuiiiifel, '.','2 
 
 No beeree uiadr wilhoiil piest-nei:; of K(!_^isiiar :!'i 
 
 DEFAULT 
 
 Ploi-(-cdliig 1)\', a 
 
 Form if Allidavit by, on Subuvtoliou tif Wages, 4'> 
 
 Fori), of Allidavil by, in a ease of Bi'ttomrv 4;! 
 
 Foi-in of Allidavit bv, a^ to Pv^ii>tiabio state of Shin, 47 
 
 DEFENDAM' 
 
 J5elore issue of Warrant, may appear and give Bail, f, 
 
 111 Contesied Suits, Property may be delivered to, 8 
 
 Af:er au Appearance, on Pli^a and Proof, eniiibd to Assigna- 
 tion it 
 
 DERELICT CA8ES. 
 
 Aeiion How LOniered 21 
 
 Owner may a[>pear at any time, 2ii 
 
 Pel isbat)le Property may be Sold, 22 
 
 EXAMINATION 
 
 Of WiUiesse'i, 1 1 
 
 General Direciions, 11, 12, 13, 14 
 
 EXCEPIIVE ALLEGATIONS, l;. 
 
 Form of, it") 
 
 EXECU'IIUN gF WARRANTS. See Warrants. 
 
 FEES. Shh Costs, 
 
 FREIGHT 
 
 Lial)le for Mariners' Wages, Ki 
 
 Wbeu, may be Arrested, 34 
 
 i 
 
e.- 
 
 Pagk. 
 ;u 
 
 :J7 
 10, -Jl 
 
 i3r. 
 
 42 
 
 11 
 
 17 
 17 
 54 
 5(J 
 
 c;; 
 ()« 
 
 72 
 74 
 !)U 
 03 
 
 o 
 10 
 
 KS 
 17 
 I'J 
 !:(,' 
 
 4-) 
 
 ■is 
 
 47 
 
 8 
 
 U 
 
 21 
 
 }t-3 
 
 INUEX. 146 
 
 IN Fa<:NAM. 
 
 Owners allowed in C'onlest Suit, when, < 7 
 
 In CHSH of Mariner's Wages, 16 
 
 In Sniis for l*ilot«vre IH 
 
 IINCIDENTIAL MONITlONa W 
 
 INTEKROOATORIES. 
 
 Deposition in Chief not to 1)0 upon written II 
 
 Advorne Proctor may Examine by, 11 
 
 Such, are to l)e Settled l»y Counsel........ 11 
 
 To Ije signed by the \Viin«»s8 12 
 
 Form of, for Witnews on Summary Peiiiion in Cause of Sub- 
 traction of WaROs, 70 
 
 i: Form of, in case of Damagro by Collision, 72 
 
 In case of Damaire by Beating, 74 
 
 INTERPRETATION OF TERMS 132, 139 
 
 JUDGE. 
 
 Appointment of, 138 
 
 He may appoint Deputy Judges, 139 
 
 May also appoint Registrar and Marshal, 133 
 
 May appoint Deputy Registrars and Marshals, 140 
 
 JURISDICTION OF COUHT, 134 
 
 MARSHAL OF VICE-ADMIRALTY. 
 
 Must be Sworn, 1 
 
 Is to attend Judge in Court, 2 
 
 Serves Warrant of Arrest, , 4 
 
 Duties of, in case of Default 6 
 
 His duties in Contested Suits, 8 
 
 Must certify to Judge Payment of Attachment, 14 
 
 To A r! eat person in Contempt, <kc., 18 
 
 To serve Process npon Persons ill treating Slaves, 23 
 
 When cannot act, Commission issues to another 2{» 
 
 To Proclaim Adjournments 30 
 
 When other than Marshal serves Mkiuiiion, Sec. AtBdavit «)f 
 
 person necessary, 32 
 
 Judfce to Appoint, 1.33 
 
 Also has Power to Remove 133 
 
 Deputy, may be appointed by Judge, 140 
 
 MARINER'S WAGES. See Wages. 
 
 MASTER'S WAGES. See Wages. 
 
 MINUTE. 
 
 On Filing Warrant 4 
 
 On Proceeding by Default, 5 
 
 In case of Act on Petition, 15 
 
 In Salvage Cases, IS) 
 
 On Subducting an Action, 27 
 
 Incase of a Tender, 27 
 
 On a Reference, 28 
 
 On Taxing Costs, 28 
 
 On Appeals, 30 
 
 MONITION. 
 
 In Cause of Possession, 20 
 
 Against Principal and Bail for wafe return ot Ship, 21 
 
 There must lie an Affidavit of Forfeiture 21 
 
 For Breach of Revenue and Navigation Laws, 24, 23 
 
 Incidental, 20 
 
 Return and Service of, l 3J 
 
 Costs must be Taxed, before 33 
 
 NOTICE. 
 
 Of Production of Witnesses, 11 
 
 Of Taxation of Costs, 28 
 
 Of Appeals,, ; 30 
 
 ^ 
 
iJgw. 
 
 ::^*Sit«akiiASiamii 
 
 ■«!f ! fif!MIWil">n| I.T»jft 
 
 
 146 intjEX. 
 
 Page. 
 
 ORDERS IN COUNCIL. 
 
 27 June 1832, relaUnpt to 2 Will. 4 C. 51, 130 
 
 9 Sept. 1865, relating to 26 Vic. C, 24, 136 
 
 PART OWNER. 
 
 Cause of Restraint at Suit of, 20 
 
 Cause oi" Possession by, 21 
 
 Form of Affidavit for Arrest of Ship for Safe Return, 122 
 
 PETITION. See Act on Pfctitlon. 
 
 PILOTAGE. 
 
 Suits for 16 
 
 If contested, by Plea and Proof, 16 
 
 PLEADINGS. 
 
 By Plea and Proof, 10 
 
 On Examination of Witnesses, 11 
 
 On Prosecutions for Contempt in Breach of Maritime Law, 18 
 
 PLEA AND PROOB\ 
 
 Proceedings by, 9 
 
 POSSESSION. 
 
 Practice in Causes of, 19 
 
 Cause of, 19 
 
 Not Bailable unless by special direction of Judge, 8 
 
 No amount need bo inserted in Action Book, 19 
 
 Causes of, may be by Plea and Proof, 20 
 
 PROTEST. 
 
 To Jmisdictioii, 8 
 
 PROXY. 
 
 Not usually exhibited iu Maritime suit, 33 
 
 Form of, when necessary, 127 
 
 REFERENCE 
 
 Of Accounts to Registrar and Merchants, 27 
 
 Registrar to draw up Report, 2^ 
 
 -Judge to direct confirmation, unless objected to, 28 
 
 REGISTRAR AND MERCHANTS. See Reference. • 
 
 REGISTRAR. 
 
 Must be Sworn, 1 
 
 His Duties, 2 
 
 Appointment of, 133 
 
 May administer Oaths, 135 
 
 Deputy, may be appointed, 140 
 
 REGISTRY OFFICE. 
 
 To be accessible at all convenient hours, 2 
 
 RE.JOINDER. 
 
 By Act on Petition in a Case of Bottomry, 101 
 
 In a Case of Salvage, 109 
 
 In objection to payment of Bond for Safe Return of Vessel, 118 
 
 RELEASE OF RES. 
 
 On Plaintiff Subducting his Action, 27 
 
 By Bail in Contested Suits, 8 
 
 Not Granted in Cause of Possession except by special order 
 
 of the Judge, 20 
 
 On Bail, for Safe Return of Vessel, 21 
 
 REPLY. See Forms 34, 35 and 36. 
 
 REPORT. See Reference. 
 
 RESTRAINT, 
 
 For Bail, for Safe Return of Ship, 20 
 
INDEX. 147 
 
 Page. 
 
 RETURN 
 
 Of Warrant, 4 
 
 Bail for Safe, 20 
 
 RULES. 
 
 General Rules to be Observed in Practice, 27 
 
 Other General Rules, 34 
 
 SAFE RETURN 
 
 Of Vessel, Bail for, 20 
 
 Form of Affidavit to obtain Bail for, 122 
 
 SALE 
 
 On Decree, by Default, 6 
 
 Proceeds paid intoCourt, 6 
 
 In Derelict Cases, 22 
 
 SALVAGE 
 
 Suits for, 18 
 
 STATUTES. 
 
 (1832) 2 Will. 4. C. 51, 1:29, 130 
 
 (1863) 26 Vict. C. 24, 132, 136 
 
 (1867) 30 and 31 Vict. C. 45, 139, 140 
 
 Repealed in part or in ;vhole, 136 
 
 SURROGATES. 
 
 Who to be Appointed, 1 
 
 How admitted, 1 
 
 TAXATION 
 
 Of Costs, 28 
 
 May be Revised by High Court of Admiralty, 135 
 
 TENDER 
 
 Of Money, 27 
 
 Must be Brought into Registry, 27 
 
 TOWAGE. 
 
 ( laim for, enforced in Vice- Admiralty, 134 
 
 UNLIVERY 
 
 Of Cargo, 29 
 
 Commission of, 29 
 
 Commissions of. Extracted by Plaintiff 's Proctor, 34 
 
 VICE- ADMIRALTY 
 
 Jurisdiction of, 134 
 
 WAGES. 
 
 Suits for Seamen's, 16 
 
 Suits for Master's, 134 
 
 WITNESSES. 
 
 Examination of, 11 
 
 In Chief , vioa voce, 11 
 
 Must be Examined on each Plea, 11 
 
 Must not be dismissed until 24 hours after production, 11 
 
 On Cross-examination, examined by inten-ogatories, 11 
 
 May be Cempelled to Attend, 12 
 
 YEAR AND A DAY. 
 
 On expiration of, in Derelict Cases property, may be oon- 
 
 tlemned, , 22