Admiralty Court of

and to his deputy whomsoever, greeting: We do hereby empower, and strictly charge and command you, jointly and severally, that you omit not by reason of any liberty or franchise, but that you arrest or cause to be arrested all and every part of a ship or vessel, name unknown (supposed to be called the ), her tackle, apparel, and furniture, and the goods, wares, and merchandizes now or lately laden therein, taken and seized on the high seas, and brought within the jurisdiction of our said Vice-Admiralty Court, as being goods derelict, flotzon, jetson, or lagon, and as such droits and perquisites of Us in our Office of Admiralty, wheresoever you shall find the same; and the same so arrested you keep under safe and secure arrest until you shall receive further orders from Us; and that you cite at the premises all persons in general, who have or pretend to have any right, title, or interest therein, to appear before Us or the Judge of our said Vice-Admiralty Court, or his Surrogate, in the Registry of our said Court, situated at , on the sixth day after the arrest, between the hours of and in the

of the said day, there to answer unto Us in our said Office of Admiralty, and show cause why the same should not be condemned and adjudged to Us in our said Office of Admiralty, as being goods derelict, flotzon, jetzon, or lagon, and as such droits and perquisites of Us in our said Office of Admiralty; and further to do and receive in this behalf as unto justice shall appertain; and that you duly certify Us or our said Judge, or his Surrogate, what you shall do in the premises, together with these presents. Given at aforesaid Court, under the seal thereof, the

and of our Reign the

day of (Signed)

No. 34.

in our

in the year of

our Lord

FORM of WARRANT to arrest Ship and Goods taken from the Possession of Pirates. WILLIAM the Fourth, by the grace of God, of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, To , gentleman, Marshal of our Vice-Admiralty Court of and to his deputy whomsoever, greeting: We do hereby empower and strictly charge and command you, jointly and severally, that you omit not by reason of any liberty or franchise, but that you arrest or cause to be arrested the ship or vessel called the

and

in the

her tackle, apparel, and furniture, arms, stores, and ammunition, and the goods, wares, and merchandizes now or lately laden therein, taken and seized as being the goods of pirates, and as such droits and perquisites of Us in our Office of Admiralty, wheresoever you shall find the same; and the same so arrested you keep under safe and secure arrest until you shall receive furthers orders from us; and that you cite at the premises all persons in general, who have or pretend to have any right, title, or interest therein, to appear before Us or the Judge of our said Vice-Admiralty Court, or his Surrogate, in the Registry of our said Court, situated at , on the sixth day after the arrest, between the hours of of the said day, there to answer unto Us in our said Office of Admiralty, and to show cause why the same should not be adjudged and condemned to Us as being the goods of pirates, and as such droits and perquisites of Us in our said Office of Admiralty, and further to do and receive in this behalf as to justice shall appertain; and that you duly certify Us or our said Judge, or his Surrogate, what you shall do in the premises, together with these presents. Given at in our aforesaid Court, under in the year of our Lord (Signed) (L.S.)

the seal thereof, the

of our Reign the

day of

and

Registrar.

No. 35.

FORM of MARSHAL'S CERTIFICATE of Service of Warrant of Arrest on a Ship or Ship

and Cargo.

I HEREBY certify that the within-named ship or vessel her tackle, apparel, and furniture, and the goods, wares, and merchandizes laden therein, were duly arrested on the day of and all persons in general, having or pretending to have any right, title, or interest therein, were duly cited to appear at the time and place within mentioned, by affixing this warrant for some time on the main-mast of the said ship, and by leaving affixed thereon a true copy thereof. (Signed) Marshal of the Vice-Admiralty Court of

As the fact may be.

No. 36.

FORM of MARSHAL'S CERTIFICATE of Service of Warrant on a person to be arrested.

I HEREBY certify that this warrant was duly executed on the day of and the within-named was duly arrested by showing to him this warrant under seal, and delivering to him a true copy thereof, and by taking his body into custody.

(Signed)

Marshal of the Vice-Admiralty Court of

No. 37.

FORM of MARSHAL'S CERTIFICATE of Personal Service of a Warrant when the Person is

not arrested.

day of

and the

I HEREBY certify that the within warrant was executed on the within-named was duly cited to appear at the time and place within mentioned, by showing the warrant under seal to him, and leaving with him a true copy thereof.

FORM of AFFIDAVIT in verification of a certificate of the Service of a Warrant, when the same is not executed by the Marshal of the Court, to be endorsed on the Warrant.

APPEARED personally

tents of the above certificate to which he hath subscribed his name were and are true.

and Master.

FORM of MINUTE or Act of Court on the Return of a Warrant when a Default is not prayed.

returned warrant duly executed, with certificate of service endorsed thereon. Insert Proctor's name. In pain of parties cited not appearing, the Judge, at his petition, continued the certificate to the next And "Affidavit" if the adjourned Court.

Warrant be not exe

cuted by the Marshal

or "Surrogate."

Or "Surrogate."

Insert names of Ship and Master.

Insert Proctor's name.

No Affidavit necessary

if Warrant served by

the Marshal or "Surrogate."

No. 40.

FORM of MINUTE or Act of Court on the Return of a Warrant and the pronouncing the Party cited to be in Default.

returned warrant duly executed, with certificate and affidavit of service endorsed thereon. In pain of parties cited not appearing, the Judge, at his petition, granted the first default, and continued the certificate to the next adjourned Court.

No. 41.

FORM of DECREE pronouncing for the Interest of a Party proceeding by default (or in pœnam contumacia) in a Cause of Subtraction of Wages.

Judge and lawfully constituted and late mariners of and belonging to the said ship or vessel now is or lately was master), now in the said island, and within the jurisdiction of the said

Insert names of Ship and Master.

serted.

Court, doth say, allege, and by this writing propound in law, against the said ship or vessel, her The "freight," if artackle, apparel, and furniture, and against all persons in general, having or pretending to have any rested, may be inright, title, or interest in the same, that the said mentioned in the affidavit and schedule brought into and now remaining in the Registry of this Court, were, in the years and months therein mentioned, shipped and hired to serve on board the said ship or vessel on the voyage or voyages to be performed, and afterwards performed, by the said ship, at the rate or wages and for the sum of money in the said affidavit and schedule mentioned; and the said did afterwards, to wit, on the enter into the service of the said ship, and

day of

did go on board the same, and did sign the usual mariner's contract or ship's articles for the voyage or
voyages then to be performed by the said ship, and did well and truly perform their duty therein for
the time mentioned in the said affidavit and schedule, and did well and truly deserve the sum or sums
of money therein mentioned for their services and necessary expenses on board the said ship, and that
the said sum or sums mentioned in the said affidavit and schedule are due and ought to be paid to the
said
for their wages, for their services and necessary expenses aforesaid;
also that the wages mentioned in the said affidavit and schedule (which affidavit and schedule the
Proctor propounding the same prayed may be admitted as if here read and inserted) amount, after
deducting what is due for Greenwich and the Merchant Seamen's Hospitals, and for advances made
to the said
to the sum or sums following, to wit, the wages due to the said

those due to

Whereupon the said

to the sum of

to the sum of to the sum of , and those due to of lawful money of having no other hopes of recovering their aforesaid wages but by arresting the said ship, her tackle, apparel, and furniture, have procured the same to be arrested by virtue of a warrant under the seal of the said Court, and have caused all persons in general, having or pretending to have any right, title, or interest in the premises, to be cited to appear before you, the aforesaid Judge, or your Surrogate, at a certain time and place mentioned in the said warrant, to answer to the said

in a certain cause of subtraction of wages, civil and maritime, all which persons in general cited as aforesaid, and not appearing, but contumaciously absenting themselves, stand in contempt, by having incurred two defaults; all and singular which premises were and are true, public, and notorious, and thereof there was and is a public voice, fame, and report; whereupon the affidavit required by law having been exhibited, and the Proctor for the said

praying right and justice

inserted.

to be done, and the said to be put into possession of the said ship, her The "freight," if artackle, apparel, and furniture, with effect, according to the extent of their debts, and that their property rested, should be may be preserved, together with their expenses due by law in this cause by this your decree, according to the style, manner, and practice of proceeding in the said Court used in like cases, which premises he doth propound, jointly and severally, not obliging himself to prove all and singular the premises, but so far as he shall prove therein he humbly prays he may obtain in his demands, the right and benefit of the law being always preserved, humbly imploring your aid and assistance herein; all and singular which premises, we the Judge aforesaid, having maturely weighed and considered the same, do admit, and do pronounce, decree, and declare that the same ought by law to be admitted, and that the defaults aforesaid have been incurred, and do pronounce, decree, and declare that the said ought to be put in possession of the said ship, her tackle, apparel, The "freight," if arand furniture, with effect, according to the extent of their said debts, and that their property may be rested, should be preserved, together with their expenses due by law in this cause and by this our decree; We do adjudge, inserted. and by these presents decree, the possession of the said ship or vessel, her tackle, apparel, and furniture, The "freight,” if araccordingly. (Signed)

to the said

rested, may be inserted.

the Judge aforesaid,

the said Vice-Admiralty Court, on in the year of our Lord

(Signed)

Registrar.

No. 42.

FORM of DECREE pronouncing for the Interest of a Party proceeding by Default (or in pœnam contumacia) in a Cause of Bottomry.

In the Vice-Admiralty Court of

In pain of parties cited not appearing before you, the Worshipful
Commissary of his Majesty's Vice-Admiralty Court of
appointed the Proctor of

of

Judge and

, lawfully constituted and the legal holders

(whereof

of a bottomry bond on the ship or vessel called the
now is or lately was master), and the freight due for the transportation of the cargo now or lately
laden therein, the said ship or vessel now being in the port of
in the said island,
and within the jurisdiction of the said Court, against the said ship or vessel, her tackle, apparel, and
furniture, and freight; also against all persons in general, having or pretending to have any right,
title, or interest therein, by way of complaint, and hereby complaining, doth say, allege, and by this
writing in law propound, that the said ship or vessel called the

said

was master, being in the month of bound to the port of

, whereof the in the harbour of and in want of reparations,

refittings, provisions, stores, and other necessaries, to equip, refit, and set forth the same for sea, and
enable her to perform her said intended voyage, and the said
the master, not
having money to defray the said repairs to the said ship, or credit to procure money for that purpose
otherwise than on the security of the said ship, her tackle, apparel, and furniture, and freight, he the
did thereupon apply to

said

to advance him the said
ship and freight, to enable him to repair and refit
voyage, which the said

unto the said

of

money upon the bottom and security of the said the said ship, that she might proceed on her said agreed to do, and thereupon advanced the sum of who for and in consideration thereof did

make, sign, and execute a bottomry bond, bearing date the
now exhibited, annexed to an attestation of

,

things hypothecate and bind the said ship or vessel called the
apparel and furniture, and the freight which was then or should become due for the voyage, from
aforesaid to the port of

to pay unto
their executors, administrators, or assigns, the said sum of
together with maritime interest thereon, at and after the rate of
one hundred pounds advanced, the said premium amounting to the sum of
and the said principal sum and premium amounting together to the sum of
within
days next after the arrival of the said ship in the said port of
that the said ship arrived in the port of
aforesaid, on or about the
day of
now last past, and thereupon the said
bottomry bond had become due, repeatedly applied to the said
of the said sum of

to discharge the same; whereupon the said
aforesaid debt but by arresting the said ship

and freight, have caused the same to be arrested by virtue of a warrant under seal of this honourable Court, and have caused all persons, having or pretending to have any right, title, or interest in the premises, to be cited to appear before you, the aforesaid Judge, or your Surrogate, at a certain time and place mentioned in the said warrant, to answer to the said and

the legal holders of the said bottomry bond, in a cause of bottomry, civil and maritime, all which persons in general, cited as aforesaid, not appearing, but contumaciously absenting themselves, stand in contempt by having incurred two defaults; all and singular which premises were and are true, public, and notorious, and thereof there was and is a public voice, fame, and report; whereupon the affidavit required by law in this behalf being exhibited, the Proctor of the said prays right and justice to be done, and that the said

may be put into possession of the said ship, her tackle, apparel, furniture, and freight, with effect,
according to the extent of the aforesaid debt of the said

in order that the same may be preserved, together with the expenses due by law in this cause by this
your decree, according to the style, practice, and manner of proceeding in the said Court used in like
cases, which premises he doth propound jointly and severally, not obliging himself to prove all and
singular the premises, but so far as he shall prove herein he humbly prays he may obtain in his
demands, the right and benefit of the law being always preserved, humbly imploring your aid and
assistance herein; all which premises we
the Judge aforesaid, having

maturely weighed and considered the same, do admit, and do pronounce, decree, and declare that the
same ought by law to be admitted, and the defaults aforesaid have been incurred as is above alleged,
and that the said
ought to be put in possession of the said ship, her tackle,

a

pparel, furniture, and freight, with effect, according to the extent of his said debt, and that his property
may be preserved, together with his expenses due by law in this cause; and by this our decree, We do
adjudge, and by these presents decree, possession of the said ship, her tackle, apparel, furniture, and
freight, to the said
accordingly

FORM of AFFIDAVIT and SCHEDULE in support of a Decree pronouncing for the Interest of
a Party proceeding by Default (or in pœnam) in a Cause of Subtraction of Wages.
Memorandum.-When an affidavit similar to this form has been sworn to, prior to the issue of
the Warrant, it is not necessary to exhibit any further affidavit to obtain the decree.
In the Vice-Admiralty Court of
appeared personally

called the

made oath that on or about the

(whereof

day of

being in the port of

and back to the port of

late Mate belonging to the said ship or vessel,

now is or lately was master), and
, the said ship or vessel

, and designed on a voyage to with an assorted cargo of merchandize, the said the master, did, by himself or agent, ship and hire this deponent to serve on board the said ship during her then intended 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 went on board and entered into the service of the said ship, and did sign the usual mariner'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 with him, this deponent, on board, and safely arrived aforesaid on or about the day of the said month of on or about the

at

and took on board a cargo of

day of

with which last they proceeded back to the port of day of

day of

where she safely arrived on or about the last, and thereby earned considerable freight. And he further made oath that he was continued on board and in the service of the said ship or vessel until the day of when he was discharged therefrom; that during all the time, he, this deponent, was in the service of the said ship or vessel, and until he was so discharged, he did well and truly perform his duty as a mate on board the said ship, to the utmost of his skill and ability, and was obedient to all the lawful commands of the said , the master, and the other officers of the said ship or vessel, and did well and truly deserve the wages so agreed on as aforesaid between him, this deponent, and the said. the master, and so

much or greater wages were then given to persons serving in the like capacities on board ships of the like burthen, and on like voyages. And he further made oath that there is now justly and truly due and owing to him, as the balance of wages for his services on board such vessel, the sum of

after deducting thereform the sum of

for cash advanced and for Greenwich and the Merchant Seamen's Hospitals dues, as appears by the schedule annexed hereto, and to which he has subscribed his name.

Insert names of Ship
and Master.

Or "Carpenter,"
"Boatswain," or as
the fact may be.

Or as the fact may be.