4. The Defendant has neglected and refused to ronder » proper accounts relating to the management and earnings of the said ship, and such accounts are still outstanding and unsettled between the Plaintiffs and the Defendant.
The Plaintiffs claim-
1. Judgment giving possession to the Plaintiffs of the
said ship and of her certificate of registry.
2. To have an account taken, with the assistance of
merchants, of the carnings of the ship.
3. A sale of the Defendant's shares in the said ship.
4. Payment out of the proceeds of such sale of the
balance (if any) found due to the Plaintiffs and of the costs of this action.
5. Such further and other relief as the nature of the
caso may require.
Dated the
day of
(Signed)
PETITION.
18
A.B. &c., Plaintiffs.
(10.) In un Action for Necessaries:
Int be Supreme Court of Hongkong, Admiralty Jurisdiction. [Title of Action.]
Writ issned
18
1. The Plaintiffs at the time of the occurrences hereinafter mentioned carried on business at the port of
as bonded store and provision merchants and ship chandlers. 2. The "Sfactoria" is a Greek ship, and in the months of June, July, August, and September 1874 was lying in the said port of
under the command of one George Lazzaro, a foreigner, her master and owner, and in the said month of September she proceeded on her voyage
10
3. The Plaintiffs, at the request and by the direction of the said master, supplied during the said months of June, July, Angust, and September 1874, stores and other neccssaries for the necessary use of the said ship upon the aid then intended voyage to the value of £412 16s. 9d., for which sum an acceptance' was given by the said George Lazzaro to the Plaintiffs; but on the 4th day of February, 1875, the said acceptance, which then became due, was dishonoured, and the said sum of £412 16s. 9d., with interest thereon from the said 4th day of February, 1875, still remains due and unpaid to the Plaintiffs.
4. In the month of August aforesaid the Plaintiffs, at the request of the said master, advanced to him the sum of £100 for the necessary disbursements of the said ship at the said port of
and otherwise on account of
the said ship; and also at his request paid the sum of £11, which was due for goods supplied for the necessary use of the said ship on the said voyage; and of the sums so advanced and paid there still remains due and unpaid to the Plaintiffs the sum of £61, with interest thereon from the 5th day of January, 1875, on which last-mentioned day a promissory note given by the said George Lazzaro to the said Plaintiffs for the said sum of £61 was returned to them dishonoured,
5. The Plaintiffs also at the said master's request, between the 1st of September, 1874, and the commencement of this action paid various sums amounting to £84 17s. for the insurance of their said debt.
6. The said goods were supplied and the said sums advanced and paid by the Plaintiffs upon the credit of the said ship, and not merely on the personal credit of the said
master.
The Plaintiffs claim-
1. Judgment for the equivalent iu Hongkong Currency
of the said sums of £412 16s. 9d., £61, and £84
178., together with interest thereon.
2. That the Defendant (and his bail] be condemnod
therein, and in costs:
or
2. A sale of the said ship, and payment of the said sums and interest out of the proceeds of such sale, together with costs.
3. Such further and other relief as the case may require. Dated the
day of
(Signed)
18
A.B. &c., Plaintiffs.
34
130