goods, and treasure in the purchase or acquisition by them of the above-named vessel now called the "Beatrice."

4. The said pretended government, while exercising such usurped authority and in exercise thereof, in fact purchased or acquired and became possessed of the said vessel.

5. The said vessel was purchased or acquired by the said pretended government for the purpose of being armed, and sent forth by them to cruise on the high seas under the insurgent flag of the said pretended government.

6. The said vessel sailed from Sheerness on the 24th day of November, 1863, under the name of the "Scylla," for the port of Calais, in the empire of France, off which port she arrived on the following day, and having hoisted the said insurgent flag when off the said port, she entered the same port thereunder and under the name of the "Rappahannock."

7. The said vessel, after so entering the said port of Calais, was, by or under order of the government of the said empire of France, prevented from being armed and sent forth from the said port, and remained there until on or about the 3rd day of July, 1865, when she sailed for the port of Liverpool.

8. Whilst the said vessel so remained in the said port of Calais she was under the command of a pretended commissioned officer of the said pretended government, and was used as, and was in fact a vessel in the pretended public service of the said government.

9. Whilst the said vessel so remained in the said port of Calais the said insurrection was suppressed and put an end to by the plaintiffs, and the said pretended government ceased to exist.

10. On the 7th day of July, 1865, the said vessel arrived in the port of Liverpool under the name of the "Beatrice."

11. The said pretended government purchased or acquired and became possessed of the said vessel for and on behalf of the plaintiffs.

12. At the time of the suppression of the said insurrection the said pretended government still possessed and held the said vessel for and on behalf of the plaintiffs.

13. By reason of the premises the plaintiffs are the sole owners of the said vessel, and are entitled to the possession thereof.

And the said R. & Co. pray the right honourable the judge to pronounce the plaintiffs to be the sole owners of the said vessel "Beatrice," otherwise "Rappahannock," and to decree possession thereof to the plaintiffs, and to condemn the defendant in the costs of these proceedings, and that otherwise right and justice may be administered in the premises.

VII. Petition, by the Majority of Owners, against
a Minority in possession.

J. K., solicitor in a cause of possession instituted on behalf of A. B., C. D., and E. F., of, the registered owners of [48] sixty-fourth shares of and in the barque or vessel

——, against the said barque or vessel, her tackle, apparel, and furniture, and against the defendants, in this

cause intervening, says as follows:

1. The plaintiffs are the lawful and duly registered owners of [48] sixty-fourth shares of the said barque, and the defendants are the registered owners of the remaining [16] sixty-fourth shares.

2. The said barque is now lying at session of the defendants, who refuse to

-—, in the control and posallow the plaintiffs to have any voice or interference in the management of the said barque, and are about to dispatch her on a voyage to against the will of the plaintiffs, and under the command of a master appointed by the defendants.

3. The plaintiffs have demanded from the defendants the possession and control of the said barque, and of her certificate of registry, but the defendants have refused to give possession of the same to the plaintiffs, and the plaintiffs cannot obtain such possession without the assistance of this honourable court.

4. The plaintiffs are ready and willing if required to give security to the value of the defendants' shares in the said barque, for the safe return of the said barque, in case the plaintiffs should, as they intend to do, dispatch the said ship upon a voyage.

And the said J. K. prays the right honourable the judge to decree possession of the said barque and of her certificate of registry to the plaintiffs, and to condemn the defendants in the costs of this suit, and otherwise that right and justice may be done in the premises.

VIII. Answer to the Petition Form II. supra on the ground that the Sale was justified by Necessity.

C. D., solicitor for named brig D., the follows:

of

,

the owners of the abovedefendants in this cause, says as

1. The allegations contained in the said petition are, save as hereinafter appears, untrue.

2. The said brig D. arrived off the port of Callao on or about the and in entering the said port struck and became fast upon a rock, from which the efforts of the master and crew, and of divers steam vessels which went to her assistance for several successive days, utterly failed to remove her.

3. In the meantime the said brig was being greatly damaged by beating upon the said rock, her bottom was very much injured, and there were nine or ten feet of water in her hold, and she was in danger from day to day of becoming an entire wreck.

4. Under these circumstances, the said, the master of the said brig, consulted E. F., the agent to whom the said brig was consigned, C. D., Lloyd's surveyor at the said port, and also her

Majesty's consul there, ship surveyed by

,

and acting under their advice he had the said a well-known surveyor of many years standing the masters of two British vessels

at the said port, and by then at the said port of Callao, who were men of great experience and standing as shipmasters.

5. The said persons reported that it was useless going to any further expense in attempting to move the said brig, and that even if it were possible to remove her, the expense would far exceed what she would be worth after removal, and seeing the imminent danger that there was that she might break up and go to pieces, they recommended that she should at once be sold. A copy of the said report is hereunto annexed, marked A.

6. The said Lloyd's surveyor and her Majesty's consul concurred with the said persons in the propriety and urgency of an immediate sale of the said brig, and as there was no time to communicate with and get a reply from her owner, who resided at Newcastle-upon-Tyne, the said master of the said brig publicly advertised her for sale by auction, and on the day of sold her by auction to X. Y.,

the highest bidder at the said sale, for £—.

7. The master of the said brig thereupon delivered the certificate of registry of the said brig to the said consul, who forthwith forwarded it to the registrar of the said port of Newcastle-upon-Tyne, the port of registry of the said brig.

8. The said X. Y. was the owner of several small cutters, and of a small steamer, and immediately after he bought the said brig, he sent the said steamer and some of his cutters with a number of men to the said brig for the purpose of dismantling her and breaking her up, and after they had been occupied for a day in dismasting her, it was found on the second day that during the night she had shifted her position, and that there was then a probability of moving her from off the said rock to a place of safety.

9. Accordingly the said X. Y. employed a great number of men to pump out the said brig, and also employed several of his cutters, and his said steamer, and a great number of men, to attempt to move the said brig, and after two days' hard labour, they succeeded in moving the said brig, and beaching her on the beach at Callao.

10. The said X. Y. then repaired the said brig, and after repairing her, sold her to the defendants, who are the lawful owners of the said brig, for the sum of £——.

11. The defendants being subjects of the Republic of Peru there

upon caused the said brig to be registered at Callao, by the name of the —, and themselves to be registered as her owners according to the Peruvian law.

12. The amount which the said X. Y. paid for the said brig, and the expenses he incurred in removing and repairing her, much exceeded the sum for which he so sold her to the defendants.

13. The master of the said brig, immediately after she so struck on the said rock as aforesaid, wrote and sent a letter to the plaintiff, stating that fact, and the perilous position in which the said brig was, and that he thought the best course would be to sell the said brig, and immediately after the sale of her by him as aforesaid, he communicated the fact of the said sale to the plaintiff, and all the circumstances necessitating and attending such sale, and the plaintiff never made any objection to the said sale, but ratified and confirmed the said sale with full knowledge of all the circumstances.

14. The master of the said brig accounted to the plaintiff for the proceeds of the said sale, and the plaintiff settled accounts with the said master, upon the footing that the said sale was, under the circumstances, a fair, proper, and justifiable sale.

And the solicitor for the defendants prays the right honourable the judge to pronounce the defendants to be the owners of the said brig, aud to decree possession of her, together with her tackle, apparel, and furniture to them, and to dismiss this suit, and to condemn the plaintiffs in the costs thereof, and in all costs, charges, damages, demurrage, and expenses arising from the arrest and detention of the said brig, and otherwise that right and justice may be effectually done and administered in the premises.

quality, make oath and say as follows:

1. I am the lawful owner of [state no.] sixty-fourth shares of the

or vessel, belonging to the port of

and the value

of my said shares amounts to the sum of £- or thereabout.

,

(b) Master's name may be left blank, if not known.

2. The said vessel is now lying at

—, and is in the possession or under the control of, the owner of [state no.] sixty-fourth shares thereof, and is about to be dispatched by him on a voyage

3. I am desirous that the said vessel be restrained from proceeding to sea until security be given to the extent of my interest therein for her safe return to the said port of (c), and the aid and process of

the High Court of Admiralty are necessary in that behalf.

X. Petition.

J. K., solicitor in a cause of restraint, iustituted on behalf of -of, the registered owners of [16] sixty-fourth shares of and in the schooner or vessel M., against the said schooner, her tackle, apparel, and furniture, and against the defendants in this cause intervening, says as

follows:

1. The plaintiffs are the lawful and duly registered owners of [16] sixty-fourth shares of the said schooner, and the defendants are the registered owners of the remaining [48] sixty-fourth shares.

2. The said schooner is now lying at in the possession of the defendants, who, unless restrained by this honourable court, will shortly dispatch her on a voyage to Valparaiso, against the will of the plaintiffs, who have all along wholly disapproved of, and dissented from, and protested against, and still wholly disapprove of, and dissent from the said voyage.

And the said J. K. prays the right honourable the judge to restrain the defendants from dispatching the said schooner on the said voyage, unless and until the defendants give sufficient security for the safe return of the said schooner, and to condemn the defendants in the costs of this suit, and that otherwise right and justice may be done in the premises.