1950_SUPREME_COURT_(ADMIRALTY_PROCEDURE)_RULES — Page 53

HK Historical Laws 香港歷史法例 All AI Reviewed

Supreme Court.

2. By a bill of sale, duly registered on the 11th June, 1897, 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. By a subsequent bill of sale, duly registered on the 16th December, 1906, 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 June, 1897, down to the present time.

5. The defendant has from time to time, up to and including the 24th September, 1904, rendered accounts of the earnings of the ship to the aforementioned Thomas Worraker, but since the said 24th September, 1904, the defendant has rendered no accounts of the earnings of the ship.

6. Since the 16th December, 1906, the ship has continued to trade between ... and ..., and the plaintiff has made several applications 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".

2. To have an account taken of the earnings of the said ship, and that the defendant may be condemned in the amount which shall be found due to the plaintiff in respect thereof, and in the costs of this action.

3. Such further or other relief as the nature of the case may require.

Dated the ... day of ... 19...

(Signed) G.W., Plaintiff.

ANSWER.

In the Supreme Court of Hong Kong, Admiralty Jurisdiction.

[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 11th June in the said paragraph 2 (which the defendant denies), the same was made and registered fraudulently and without the knowledge, consent, or authority of the defendant.

317

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Supreme Court. 2. By a bill of sale, duly registered on the 11th June, 1897, 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. By a subsequent bill of sale, duly registered on the 16th December, 1906, 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 June, 1897, down to the present time. 5. The defendant has from time to time, up to and including the 24th September, 1904, rendered accounts of the earnings of the ship to the aforementioned Thomas Worraker, but since the said 24th September, 1904, the defendant has rendered no accounts of the earnings of the ship. 6. Since the 16th December, 1906, the ship has continued to trade between ... and ..., and the plaintiff has made several applications 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". 2. To have an account taken of the earnings of the said ship, and that the defendant may be condemned in the amount which shall be found due to the plaintiff in respect thereof, and in the costs of this action. 3. Such further or other relief as the nature of the case may require. Dated the ... day of ... 19... (Signed) G.W., Plaintiff. ANSWER. In the Supreme Court of Hong Kong, Admiralty Jurisdiction. [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 11th June in the said paragraph 2 (which the defendant denies), the same was made and registered fraudulently and without the knowledge, consent, or authority of the defendant. 317 [CAP. 4]
Baseline (Original)
: Supreme Court. 2. By a bill of sale, duly registered on the 11th June, 1897, 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. By a subsequent bill of sale, duly registered on the 16th December, 1906, 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 manage- ment and the command of the said ship from the 11th June, 1897, down to the present time. 5. The defendant has from time to time, up to and including the 24th September, 1904, rendered accounts of the earnings of the ship to the aforementioned Thomas Worraker, but since the said 24th September, 1904, the defendant has rendered no accounts of the earnings of the ship. 6. Since the 16th December, 1906, the ship has continued to trade between and and the plaintiff has made several applications 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". 2. To have an account taken of the earnings of the said ship, and that the defendant may be condemned in the amount which shall be found due to the plaintiff in respect thereof, and in the costs of this action. 3. Such further or other relief as the nature of the case may require. Dated the day of 19 (Signed) G.W., Plaintiff. ANSWER. In the Supreme Court of Hong Kong, Admiralty Jurisdiction. [Title of action.] 1. The defendant denies the statements contained in para- graph 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 11th June in the said paragraph 2 (which the defendant denies), the same was made and registered fraudulently and without the knowledge, consent, or authority of the defendant. 317 [CAP. 4
2026-05-04 00:54:58 · Baseline
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Supreme Court.

2. By a bill of sale, duly registered on the 11th June, 1897, 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. By a subsequent bill of sale, duly registered on the 16th December, 1906, 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 manage- ment and the command of the said ship from the 11th June, 1897, down to the present time.

5. The defendant has from time to time, up to and including the 24th September, 1904, rendered accounts of the earnings of the ship to the aforementioned Thomas Worraker, but since the said 24th September, 1904, the defendant has rendered no accounts of the earnings of the ship.

6. Since the 16th December, 1906, the ship has continued to trade between

and

and the plaintiff has made several applications 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".

2. To have an account taken of the earnings of the said ship, and that the defendant may be condemned in the amount which shall be found due to the plaintiff in respect thereof, and in the costs of this action.

3. Such further or other relief as the nature of the case may require.

Dated the

day of

19

(Signed)

G.W., Plaintiff.

ANSWER.

In the Supreme Court of Hong Kong, Admiralty Jurisdiction.

[Title of action.]

1. The defendant denies the statements contained in para- graph 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 11th June in the said paragraph 2 (which the defendant denies), the same was made and registered fraudulently and without the knowledge, consent, or authority of the defendant.

317

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