'File 18/52 I (C 99) The Foreign Jurisdiction (Admiralty) Order in Council, 1910; File18/53 I (C 99) Orders in Council for Bahrain, The Trucial Coast, and the Whole of the Gulf' [‎26r] (60/416)

/tv
4. No part, of the said principal sum or interest has been paid, and there still remains dne and
owing to the plaintiff on the said mortgage security the principal sum of 400/., together with a
large sum of money lor 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 said principal sum of 400/., together with interest 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
19
(Signed)
A.B., Plaintiff.
s
8. In an action between co-owners (for account) :
Statement of Claim.
[ Title of Action.]
Writ issued ,19 .
1. The " Horlock " is a sailing-ship of about 40 tons register, trading between
and
2. By a bill of sole duly registered on the llth day of June, 1890, the defendant, John
Horlock, who was then sole owner of the above-named ship " Horlock," transferred to Thomas
Worraker, of , 32/t)4th parts or shares of the ship for the sum of 320/.
3. By a subsequent bill of sale duly registered on the 16th December, 1901, the said Thomas
Worraker transferred his said 32/64th shares of the ship to George Wright, the plaintiff, for the
sum of 175/.
4. The defendant, John Horlock, has had the entire management and the command of the
said ship from the llth day of June, 1890, down to the present time.
5. The defendant has, from time to time, up to and including the 24th September, 1900,
rendered accounts of the earnings of the ship to the afore-mentioned Thomas Worraker, but
since the said 24th of September, 190^, the defendant has rendered no accounts of the earnings of
the ship.
li. Since the IGth December, 1901, 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)
A.D., Plaint iff.
A
v
Defence.
[ 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 anytime 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 llth June in the said 2nd paragraph
(which the defendant denies) the same was made and registered fraudulently and without tiie
knowledge, consent, or authority of the defendant.
3. The defendant does not ailmit the statements contained in the 3rd paragraph of the
petition, and says that it the said 1 homas 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.
[427] K