Слике страница
PDF
ePub

14.

AFFIDAVIT AS TO AMOUNT OF Freight DUE TO SHIPOWNER.

I, A. B.,

of

(Title.)

to

broker, make oath, and say as follows :— 1. I am the agent for the owner of the above-named vessel. 2. The said vessel was abandoned at sea in the month of when on a voyage from , and was afterwards brought to where she was taken possession of by my agent on behalf of her owner, and it was arranged with the alleged salvors that she should be brought to which was done.

[ocr errors]

3. The exhibit hereunto annexed, marked No. 1, is a statement of the freight due upon the cargo laden on board the said vessel on her arrival at the port of The sum of £

therein mentioned is the gross value of the said freight. The necessary expenses of realizing the said freight in

£

,

[ocr errors]

amount to

[ocr errors]

making, to

[ocr errors]

as shown by the said exhibit No. 1, and the expenses incurred at [port of loading], amount to £

be deducted from the said gross value, the sum of £ and the net value of the said freight is £

[ocr errors]

and no more.

4. The exhibit hereunto annexed, marked No. 2, is an account of the expenses incurred by the master at [place to which ship was brought by salvors], and in bringing the said vessel thence to [port of discharge].

[blocks in formation]

This is the exhibit referred to in the above affidavit.

[merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

I, A. B., of

make oath, and say as follows:1. I am the consignee of the cargo now or lately laden on board the above-named ship.

2. At the time when the said vessel was arrested in this action she had on board [cargo].

3. In my opinion the outside value of the said cargo at the time of the said arrest, was £ and no more, and if the same were compulsorily sold at the present time I believe that it would not realize more than the said sum of £

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

16.

NOTICE TO CONSUL OF INSTITUTION OF ACTION AGAINST A FOREIGN

[blocks in formation]

Sir, I hereby give you notice that I have this day instituted an action in the High Court of Justice, Admiralty Division, against the above-named ship or vessel, now lying in the port of

to enforce payment of wages due to A. B., ordinary seaman on he said ship or vessel, on her voyage from

board

To the Hon.

to

I am, sir,

Your obedient servant,

C. D.,

Solicitor to the above-named A. B.

[blocks in formation]

Take notice that the defendants have paid into Court £

and say that the said sum is enough to satisfy the plaintiff's claim for the wages and disbursements proceeded for, and the costs of the above action.

[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

Take notice that I [or we] have this day paid to the account of the registrar at the Bank of England [or into Court] the sum of £282, which we tender to A. B. in full satisfaction for the services proceeded for, and for the costs of the above action.

To A. B.,

(Signed)

B. & Co., Defendants' solicitors.

The above-named plaintiff.

C.

(Title as above.)

Take notice that I [or we] have this day paid into Court [or to the

account of the registrar at the Bank of England] the sum of £300 which I [or we] tender in full satisfaction for the services proceeded for, exclusive of costs. And the defendant [or defendants] contends that the plaintiffs [or plaintiff] ought to be condemned in costs, or ought not to be allowed their costs, on the ground [here state reasons shortly] that the action ought to have been instituted in the proper County Court for that the services in question were towage services rendered under an agreement between the plaintiff and defendants, and therefore this action has been improperly brought].

Dated the

day of

,

188.

(Signed)

Defendants' solicitor.

To Mr. X. Y.,

Plaintiff's solicitor.

The above precedents can be varied to suit the nature of the action and the circumstances of each case.

18.

NOTICE REJECTING A TENDER.
(Title.)

I hereby give you notice that the plaintiffs reject the tender of

[blocks in formation]

Take notice that on the

(Title.)
day of

18 at

[ocr errors]

a.m., I shall produce before [examiner], at [place], A. B. and C. D.,

witnesses for examination in this action.

To G. H.

Solicitor for the defendant.

E. F.,

Solicitor for the plaintiff.

20 (a).

NOTICE THAT A PLAINTIFF PROCEEDS NO FURTHER IN AN ACTION.

(Title.)

I, the undersigned, hereby give notice to the defendant or his solicitor that I proceed no further in this action [if the ship of the defendant is under arrest add]—and I hereby consent that the ship [name], her tackle, apparel, and furniture, and the cargo thereof, be immediately released without bail.

[merged small][merged small][merged small][ocr errors][merged small]

(a) See also Form B 19, of April, 1880-Notice of Discontinuance.

21.

NOTICE OF BAIL.

(Title.)

Take notice that bail to answer judgment in this action in the sum of £ has been given on behalf of A. B., of

[ocr errors]

owner of the ship [name], by C. D,, of

[merged small][merged small][ocr errors]
[ocr errors]

the

[ocr errors]

merchant, and

[merged small][merged small][ocr errors]

To N. N.,

M. M.,

Solicitor for the defendant.

Solicitor for the plaintiffs.

22.

CONSENT TO BAIL BOND BEING FILED AND THE TWENTY-FOUR HOURS' NOTICE OF BAIL WAIVED.

(Title.)

I, the undersigned solicitor for the plaintiff, hereby agree that the bail bond in this action shall be immediately filed, notwithstanding twenty-four hours have not elapsed since the service of such notice of bail on me, and I also consent that the [name of ship] shall be forthwith released.

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

I, A. B., solicitor for the plaintiff in this action, hereby consent that the above-named ship [name], her tackle, apparel, and furniture, and the cargo now or lately laden therein, shall be immediately released although twenty-four hours have not elapsed since I was served with notice of the bail given on behalf of the defendant. Dated the day of

18

[ocr errors]

24.

A. B.,
Solicitor for the plaintiff.

AGREEMENT OF VALUES.
(Title.)

We, the undersigned solicitors for the plaintiffs and defendants in this action, do hereby agree that the value of the above-named ship or vessel shall be taken to be £ the value of the cargo thereof

£ and the value of the freight due for the transportation of the

[ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

25.

AGREEMENT AS TO TAKING EVIDENCE.

(Title.)

We, the undersigned solicitors for the plaintiff and defendant in this cause, hereby agree that the evidence in this action shall be taken before one or more examiner or examiners of this Court in his or their chambers, or otherwise [or by affidavit, as the case may be]. Dated the

day of

18

A. B.,
Solicitor for the plaintiff.
C. D.,

Solicitor for the defendant.

26.

FORM OF NOTICE OF MOTION FOR LEAVE TO PRODUCE FURTHER EVIDENCE WHERE PARTIES HAVE AGREED THAT THE EVIDENCE SHALL BE GIVEN BY AFFIDAVIT.

[blocks in formation]

the

[ocr errors]

day of

No.

Take notice that we intend to apply by motion to the judge in chambers at Westminster on for leave to produce further evidence in support of the plaintiff's claim herein, namely the evidence either viva voce or by affidavit of

and we have this day filed in the Registry an affidavit in support of the said motion.

of

[blocks in formation]

Take notice that I object to the [state pleadings], [or to the Report of the Registrar] being admitted in this action.

Dated the

day of

To C. D.,

Solicitor for the

[merged small][ocr errors][merged small][merged small]
« ПретходнаНастави »