Supreme
56
ANSWER.
In the Vice Admiralty Court of Hong Kong
[Title of Action]
1. The Defendant denies the statements contained in paragraph 2 of the petition.
2. The Defendant further says that he never at any time signed any bill of sale transferring any shares whatever of the said ship"Horlock" to the said Thomas Worraker, and further says that if any such bill was registered as alleged on the th June in the said 2nd paragraph (which the Defendant denies) the same was made and registered fraudulently and without the knowledge, consent, or authority of the Defendant.
3. The Defoudant does not admit the statements contained in the 3rd paragraph of the petition, and says that if the said Thomas Worraker transferred any shares of the said ship to the Plaintiff as alleged (which the Defendant does not admit), he did so wrongfully and unlawfully, and that he had not possession of or any right to or in respect of the said shares.
4. The Defendant denies the statements contained in paragraph 5 of the petition, and says that he never rendered any such accounts as alleged therein.
5. The Defendant does not admit the statements contained in paragraph 6 of the petition.
Dated the
Supreme.
day of
18
(Signed) C.D., Defendant.
REPLY.
In the Vice Admiralty Court of Hex & Kous
emerit farie diolim
[Title of Action.]
The Flaintiff denies the several statements in the Answer
Dated the
day of
18
(Signed)
A.B., Plaint F
37
(9.) "In an Action for Possession:
Supreme
PETITION,
In the Vice Admiralty Court of Fru Jk ong
[Title of Action.]
d.
Writ ssued
18
1. The Plaintiffs are registered owners of 44-64th shares in the British ship "Native Pearl," and such shares are held by them respectively as follows:-
Morgan Parsall Griffiths is owner of 16-64th shares, Edmund Nicholls of 8-64th shares, William Meager of 4-64th shares, Isaac Butler of 8-64th shares, and William Herbert of 8-64th shares.
2. The only owner of the said ship other than the Plaintiffs is John Nicholas Richardson, who is the registered owner of the remaining 20-64th shares of the said ship, and has hitherto acted as managing owner and ship's husband of the said ship, and has possession of aud control over the said ship and her certificate of registry.
3. The Defendant, the said John Nicholas Richardson, has not managed the said ship to the satisfaction of the Plaintiffs, and has, by his management of her, occasioned great loss to the Plaintiffs; and the Plaintiffs in consequence thereof before the commencement of this action gave notice to the Defendant to cease acting as managing owner and ship's husband of the said ship, and revoked his authority in that behalf, and demanded from the Defendant the possession and control of the said ship and of her certificate of registry, but the Defendant has refused and still refuses to give possession of the said ship and certificate to the Plaintiffs, and the Plaintiffs cannot obtain possession of them without the assistance of this Court.
4. The Defendant has neglected and refused to render 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 Plaintiff's 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 earnings 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 case
may require. Dated the
day of
18
(Signed) A.B. &c., Plaintiffs.
208
W
Page 210Page 211