Rules and Regulations Made in Pursuance of an Act of Parliament Passed in the Second Year of the Reign of His Majesty King William the Fourth,: Touching the Practice to be Observed in Suits and Proceedings in the Several Courts of Vice-Admiralty Abroad, and Established by the Kings Order in Council

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W. Clowes, 1842 - Court rules

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Contents

Against the Master of a Ship for Contempt in not striking Topsails to His Majestys Ships of War in breach of the Regulations and Instructions relating...
9
Against a Ship in a Cause of Possession 10
10
Against a Ship and Goods taken from the possession of Pirates II
11
of a Certificate on the Execution of a Warrant against a Person 12
12
of DECREE pronouncing for the Interest of a Party proceeding by Default or in pcenam contumaciie in a Cause of Subtraction of Wages 13
13
of a similar DECREE in a Cause of Bottomry 14
14
of AFFIDAVIT and Schedule in support of a Decree pronouncing for the Interest of a Party proceeding by Default or in pcenam in a Cause of Subtr...
15
of a similar AFFIDAVIT in a Cause of Bottomry 16
16
of MINUTE or Act of Court on the Judge signing a Decree pronouncing for the Interest of a Party proceeding by Default 17
17
of a similar DECREE in a Cause of Bottomry proceeding by Default or in pcenam 18
18
of MARSHALs and Appraisers Return of Appraisement on the Execution of a Decree of Appraisement and Sale 19
19
of AFFIDAVIT to be made when appraised Value cannot be obtained 20
20
of MARSHALs REPORT as to sufficiency of Bail 21
21
In an ACTION against a Ship in a Cause of Pilotage 22
22
In an ACTION against Freight in a Cause of Bottomry 23
23
In an ACTION against the Master of a Ship for Contempt in passing any one or more of His Majestys Ships of War without striking or lowering the ...
24
FORM of a RELEASE by the Marshal of Property arrested 25
25
of LIBEL or summary Petition in a Cause of Subtraction of Wages 26
26
of LIBEL pleading special matter in a similar Cause 27
27
of LIBEL m a Cause of Pilotage 28
28
of LIBEL in a Cause of Damage by Collision
29
of LIBEL in a Cause of Damage by Beating
31
On bringing in a LIBEL
32
On directing a LIBEL to be reformed
33
To a Responsive Plea given on the part of a Mariner in a Cause of Subtraction of Wages
35
To a Libel in a Cause of Damage by Collision
37
To a Responsive Allegation in a Cause of Damage by Beating or Assault
39
No Pag 86 FORM of OATH to be administered to a Party on being sworn to his Answers
41
COPY of DEPOSITIONS of two Witnesses examined in support of a Summary Petition in a Cause if Subtraction of Wages taken in the High Court of...
42
of two Witnesses examined in support of a Libel in a Cause of Damage by Collision
46
of two Witnesses examined in support of a Responsive Allegation in a Cause of Damage by Collision
51
of two Witnesses examined in support of a Libel in a Cause of Damage by Beating or Assault
57
of two Witnesses examined in support of a Responsive Allegation in a Cause of Damage by Beating or Assault
59
FORM of INTERROGATORIES where necessary in a Cause of Subtraction of Wages in which Special Matter is pleaded in the Libel or Summary Pet...
61
of a further Set in a similar Cause
63
of Interrogatories in a Cause of Damage by Collision
64
of Interrogatories in a Cause of Damage by Beating on the High Seas
66
FORM of COMPULSORY against a Witness refusing to attend to be examined
67
of Minute of Court decreeing Publication of the Evidence
68
In a similar Cause pleading the Offence of Smuggling c
72
On the part of a Mariner in a similar Cause
73
In a Cause of Damage by Collision
77
In a Cause of Damage by Beating or Assault
80
FORM of ALLEGATION pleading general Exceptions to the Credit of a Witness SI 109 pleading specific Exceptions to the Testimony of a Witness
81
Pronouncing Wages to be due
82
Pronouncing Pilotage to be due in a contested Cause
83
In a Cause of Damage by Collision pronouncing for the Damage sustained
84
Pronouncing against the Promoter in a Cause of Damage by Beating s5 120 Pronouncing a Sum to be due for Salvage
85
Pronouncing a Tender to be sufficient in a Cause of Salvage
86
In a Cause of Bottomry
95
In a Cause of Salvage
99
On objecting to the Payment Jof the Amount of a Bond given for the safe Return of a Vessel to the Port to which she belongs
104
FORM of MINUTE or ACT of COURT assigning Defendant to bring in Mariners Contract and Ships Books and the Plaintiff to Libel
113
of MINUTE or Act of Court alleging and agreeing the Value of Property proceeded against in a Cause of Salvage when Bail has been given to the Ac...
114
of AFFIDAVIT to precede Warrant of Arrest in a Cause of Possession
115
of MONITION to bring in the Register of a Ship
116
of AFFIDAVIT to lead Warrant for the Arrest of a Ship in order to obtain Bail for the safe Return thereof
117
of MONITION against the part Owner of a Ship and his Bail to bring in the Amount of the Bond given for her safe Return
118
of MONITION against all Persons in general to show Cause why Derelict Property should not be condemned to His Majesty in his Office of Admiralty
119
of SENTENCE of Condemnation of Derelict Property to our Sovereign Lord the King in his Office of Admiralty
120
of MINUTE or Act of Court on signing Sentence in a Derelict Cause
121
of WRIT or Instrument of Restitution of Property proceeded against as Derelict
122
of AFFIDAVIT to precede Warrant of Arrest against Ships and Goods of Pirates
123
of MONITION to show Cause why Property proceeded against as the Goods of Pirates should not be condemned to our Sovereign Lord the King in ...
124
of SENTENCE of Condemnation of Property so proceeded against
125
of AFFIDAVIT to found Application for Bounty Money for the Capture or Destruction of Piratical Vessels
126
of PETITION to obtain Bounty Money for the Capture or Destruction of Piratical Vessels
127
of AFFIDAVIT for Monition against a Slave or Slaves seized on Shore the Owner thereof being known
128
of MINUTE or Act of Court on decreeing a Monition against a Ship and Slaves seized atSea
129
Against a Slave or Slaves seized on Shore the Owner thereof being known
130
Against a Slave or Slaves seized on Shore the Owner thereof not being known
131
Against sundry Slaves seized on Shore by different Seizors
132
Condemning a Slave or Slaves seized on Shore and pronouncing Penalties to be due in a Suit where the Owner is known but for whom no Appearan...
133
of AFFIDAVIT in support of Claim
134
Condemning Slaves in a Suit in which a Claim has been given but no Libel filed
135
FORM of LIBEL or Information against a Ship and Slaves
136
Condemning Ship and Slaves seized at Sea in a Suit conducted by Libel
137
Decreeing Restitution thereof
138
Ordering further Proof and directing the Delivery over of the Slave or Slaves proceeded against to the Persons specially appointed to receive the same
139
FORM of DECREE for the Appraisement and Valuation of a Slave or Slaves
140
of MONITION against a Seizor of Ship and Slaves to proceed to Adjudication
141
of AFFIDAVIT for Monition against Goods seized on Shore where Owners are not known
142
of MINUTE or Act of Court decreeing Monition against Goods seized on Shore
143
Against Goods seized on Shore the Owners thereof being known
144
Against Goods seized on Shore the Owners thereof not being known
145
Condemning Goods proceeded against where the Owner is known and pronouncing Penalties to be due
146
FORM of CLAIM for Ship and Goods seized for Breach of the Revenue Laws
147
Condemning Goods seized for Breach of the Revenue Laws and claimed but no Libel given
148
Condemning Ship and Goods seized for Breach of the Revenue Laws in a Suit conducted by Libel
149
Decreeing Restitution thereof
150
of MINUTE of Court making Tender
151
of REGISTRARs REPORT
152
of MINUTE ontaxing Bill
153
of BAIL BOND and Affidavit of Justification to be taken by Commission
154
of COMMISSION of Unlivery of Cargo
155
of BAIL BOND to answer Costs on Appeal
156
of CERTIFICATES and AFFIDAVIT of Service of Instrument when the same is not executed by the Marshal
157
of AFFIDAVIT of Sureties justifying to their sufficiency as to Bail
158

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Page 5 - Parish in special and all others in general having or pretending to have any Right Title or Interest in the Premises to...
Page 2 - Majesty, having taken the said Memorial into consideration, was pleased, by and with the advice of His Privy Council, to approve of what is therein proposed. And the Right Honourable the Lords Commissioners of the Admiralty are to give the necessary directions herein accordingly.
Page 18 - Whenever a ship of war shall meet a merchantman liable to be searched, it shall be done in the most mild manner, and with every attention which is due between allied and friendly nations ; and in no case shall the search be made by an officer holding a rank inferior to that of lieutenant in the navy of Great Britain, or of ensign of a ship of the line in the Spanish navy.
Page 18 - ... or, if the ship's papers shall have been concealed, thrown overboard, or otherwise destroyed, that fact is to be stated in the affidavit. The affidavit being duly sworn and exhibited before the judge or surrogate, he is to decree a monition to issue, returnable fourteen days after service, citing by name the owners or persons implicated, if known, and all others in general, to appear and show cause why the forfeiture should not be decreed and the penalties pronounced for. Where the owners or...
Page 149 - Hartley, esq. on whom we have therefore conferred the rank of our minister plenipotentiary, have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint him our true, certain, and undoubted commissioner, procurator, and plenipotentiary ; giving and granting to him all and all manner of faculty, power and authority, together with...
Page 147 - Deceased, do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Credits...
Page 16 - March 9, 1798, recites that more than a year and a day having elapsed, the cargo was condemned as good and lawful prize and as droits and perquisites of His Majesty in his Office of Admiralty...
Page 128 - London, during the usual time of merchants resorting thither, and thereby citing at the premises all persons in general having, or pretending to have, any right, title, or interest in the within-named ship
Page 14 - Act in that behalf made and provided ; and unless they shall so do, they hereby consent that execution shall issue forth against them, their heirs, executors and administrators, goods and chattels, wheresoever the same shall be found, to the value of the sum above mentioned. This bail was duly taken, acknowledged and received at the...

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