*
the registered tonnage of 109 tons or thereabouts, and at the time of the mortgage hereinafter mentioned, Thomas Brock, of
. was the registered owner of
the said brigantine,
2. On the 4th day of July, 1876, 3264th parts or shares of the said brigantine were mortgaged by the said Thomas Brock to the Plaintiff, to secure the payment by the said Thomas Brock to the Plaintiff of the sum of £400, together with interest thereon at the rate of 5 per cent. per annum on or before the 1st day of July, 1877.
3. The said mortgage of the "Juniper" was made by an instrument dated the 4th day of July, 1876, in the form prescribed by the Merchant Shipping Act, 1894, and was duly registered in accordance with the provisions of the said Act.
4. No part of the said principal sum or interest has been paid, and there still remains due and owing to the Plaintiff on the said mortgage security the principal sum of £400, together with a large sum of money for interest and expenses, and the Plaintiff, although he has applied to the said Thomas Brock for payment thereof, cannot obtain payment without the assistance of this Court.
The Plaintiff claims-
1. Judgment for the equivalent in Hongkong Currency of the said principal enn of £100, together with intorest and expenses.
2. To have an account taken of the amount due to the
Plaintiff.
3. Payment out of the proceeds of the said brigantine now remaining in Court of the amount found due to the Plaintiff, together with costs.
4. Such further and other relief as the nature of the
case may require.
Dated the
day of
18
(Signed) A. B., Plaintiff,
(8.) In an Action between co-owners (for account): In the Supreme Court of Hongkong, Admiralty Jurisdiction. [Title of Action.]
Writ issned
PETITION.
18
1. The "Horlock" is a sailing ship of about 40 tons register, trading between
and
2. By a bill of sale duly registered on the 11th day of June, 1867, the Defendant, John Horlock, who was then sole owner of the above-named ship " Horlock," transferred to Thomas Worraker, of
32/64th parts or shares of the ship for the sum of $3,200.
3
3. By a subsequent bill of sale duly registered on the 16th December, 1876, the said Thomas Worraker transferred his said 32 64th shares of the ship to George Wright, the Plaintiff, for the sum of $1,750.
4. The Defendant, John Horlock, has had the entire management and the command of the said ship from the 11th day of June, 1867, down to the present time.
5. The Defendant has from time to time up to and including the 24th September, 1874, rondered accounts of the earnings of the ship to the afore-mentioned Thomas Worraker, but since the said 24th of September, 1874, the Defendant has rendered no accounts of the earnings of the ship.
6. Since the 16th December, 1876, the ship has continned to trade between
and
and the Plaintiff has made soveral applicatious to the Defendant, John Horlock, for an account of the earnings of the ship, but such applications have proved ineffectual.
7. The Plaintiff is dissatisfied with the management of the ship, and consequently desires that she may be sold.
The Plaintiff claims-
1. That the Court may direct the sale of the said ship
"Horlock."
32
128