Supreme Court.
(6) In an action for bottomry:
PETITION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
Writ issued
[Title of action.]
19
1. In the month of July, 1906, the Italian barque "Roma Capitale" was lying in the port of Rangoon in the Pegu Division of British Burmah, and Pietro Ozilia, her master, being in want of funds, was compelled to borrow on bottomry of the said barque and her freight from the Cassa Marittima di Genova the sum of £3,478. 7s. 11d. for the necessary and indispensable repairs, charges, and supplies of the said vessel in the said port of Rangoon, and to enable her to prosecute her voyage from Rangoon to Akyab and thence to
2. Accordingly, by a bond of bottomry dated the 11th day of the said month of July and duly executed by him, the said Pietro Ozilia, in consideration of the sum of £3,478. 7s. 11d. lent by the said Cassa Marittima di Genova upon the said adventure upon the said barque and freight at the maritime premium of 23 per cent, bound himself and the said barque and the freight to become payable in respect of the said voyage to pay to the said Cassa Marittima di Genova, their successors or assigns, the sum of £4,278. 8s. 7d. (which included the principal charges and the maritime interest due thereon), within 30 days after the said barque should arrive at her port of discharge; and the said bond provided that the said Cassa Marittima di Genova should take upon themselves the maritime risk of the said voyage.
3. The "Roma Capitale" has since successfully prosecuted her said intended voyage for which the aforesaid bond was granted, and arrived at as her port of discharge on or about the 30th March, 1907.
4. Before the issue of the writ in this action the said bond became due and payable, and was duly indorsed by the said Cassa Marittima di Genova to the plaintiffs, who thereby became and are the legal holders thereof, and the sum of £4,278. 8s. 7d. is now due and owing thereon to the plaintiffs.
The plaintiffs claim-
1. A declaration for the force and validity of the said bond.
2. The condemnation of the said barque "Roma Capitale" and her freight in the equivalent in Hong Kong currency of the sum of £4,278. 8s. 7d., with interest thereon at the rate of 8 per cent per annum from the time when the said bond became payable, and in costs.
3. A sale of the said barque and the application of the proceeds of her sale and of her freight in payment to the plaintiffs of the said amount and interest and costs.
4. Such further and other relief as the nature of the case may require.
Dated the day of
(Signed)
315
19
A.B., etc., Plaintiffs.
[CAP. 4]