"ملف 28/2 الحرب. الاختصاص القضائي للسفن المغتنمة في دول الخليج العربي" [ظ‎‎٨‎٥] (٢٩٢/١٧٠)

6. The said enemy war ship, which proved to be the Th<
of guns, and to be carrying a crew of hands, came on, and entitl
with the assistance of some torpedo boats which were following hei cargo
engaged the . but after a fierce engagement, lasting about occas
half-an-hcur, the said enemy war ship was beaten off and returned to tht
port of with the torpedo boats, whereupon the said
surrendered to the recaptors, and the prize crew in charge of her having
been taken on board the . and a prize crew from tht
having been put on board the , the twt
vessels in company proceeded towards and the
was brought in safety into . where she now lies.
7. At the time of the said engagement, His Majesty’s said ship was dost
to the island of , and owing to the gale and the dangerou
nature of the coast she ran great risk of being driven on the rocks ir
manoeuvring during the said engagement, and the lives of the recaptorji \\ x
were thereby exposed to great risk and danger. In the said engagement
the had men killed and men wounded, includin'
officers. JK
8. By reason of the premises the and her cargo were save *•
from condemnation as prize to the enemy under circumstances of speck ancl c
difficulty and danger. 2. <
The said G.H. prays the Judge to award to the recaptors one-fourth
the value of the said and her cargo, or such other sum as t ^’ 1C 1
the Judge shall seem just, and costs.
3- J
(Signed) W.X., about
Counsel (or Party), to ch
steam
Delivered this day of
Answer.
(Sei
joint
parag.
{Heading and Title as in No. 1.)
Answer.
Anc
Majes
said s
J.K., solicitor for C.D., the owner (and claimant) of the said ship, ar Del
E.F., owner of the cargo thereof, defendants (or as the case may be), i
answer to the petition of the recaptors says as follows: —
1. The defendants (or as the case may be) admit that the said ship ai
her cargo were recaptured from the enemy by the recaptors, but der
that the recapture thereof was made under circumstances of sped
danger or difficulty entitling the recaptors to a larger part of the vali
of the said ship and cargo than one-eighth part.
2. The defendants (or as the case may be) do not admit that H
Majesty’s said ship was at the time of such recapture engag; G.T.
in protecting British ships as alleged. At the said time. His Majestythe p<
said ship was engaged, in conjunction with other vessels, in watching t I - ^
said port of and in endeavouring to intercept and captuand c
the said enemy’s ship of war the , and for such purpose w 2 . I
endeavouring to entice her out of the said port and bring about defenc
engagement with her, and the fact that the said mail steamer the captot
made for such port in fact brought about the engagement so wished i
and intended, and such engagement was not brought about and did r J
happen merely for the purpose of the recapture of the said ship, but tc fl ^ ^
place in the ordinary course of duty and under the express instructio^ ca f Jt
given to His Majesty’s said ship.