12
THE NEW ZEALAND GAZETTE.

3 and 4 Vict., c. 65, in regard to Mortgages extended to
Court of Admiralty.

11. The High Court of Admiralty shall have juris-
    diction over any claim in respect of any mortgage
    duly registered according to the provisions of "The
    Merchant Shipping Act, 1854," whether the ship or
    the proceeds thereof be under arrest of the said Court
    or not.

Sections 62 to 65 of 17 and 18 Vict., c. 104, extended to
Court of Admiralty.

12. The High Court of Admiralty shall have the
    same powers over any British ship, or any share
    therein, as are conferred upon the High Court of
    Chancery in England by the sixty-second, sixty-third,
    sixty-fourth, and sixty-fifth sections of "The Merchant
    Shipping Act, 1854."

Part 9 of 17 and 18 Vict., c. 104, extended to Court of Admiralty.

13. Whenever any ship or vessel, or the proceeds
    thereof, are under arrest of the High Court of
    Admiralty, the said Court shall have the same powers

Court to be a Court of Record.

14. The High Court of Admiralty shall be a Court
    of Record for all intents and purposes.

Decrees and Orders of Court of Admiralty to have Effect of
Judgments at Common Law.

15. All decrees and orders of the High Court of
    Admiralty, whereby any sum of money, or any costs
    charges, or expenses, shall be payable to any person,
    shall have the same effect as judgments in the
    Superior Courts of Common Law, and the persons to
    whom any such moneys, or costs, charges, or expenses,
    shall be payable, shall be deemed judgment creditors;
    and all powers of enforcing judgments possessed by
    the Superior Courts of Common Law, or any Judge
    thereof, with respect to matters depending in the
    same Courts, as well against the ships and goods
    arrested as against the person of the judgment
    debtor, shall be possessed by the said Court of
    Admiralty with respect to matters therein depend-
    ing; and all remedies at common law possessed by
    judgment creditors shall be in like manner possessed
    by persons to whom any moneys, costs, charges, or
    expenses, are by such orders or decrees of the said
    Court of Admiralty directed to be paid.

As to Claims to Goods taken in Execution.

16. If any claim shall be made to any goods or
    chattels taken in execution under any process of the
    High Court of Admiralty, or in respect of the seizure
    thereof, or any act or matter connected therewith,
    or in respect of the proceeds or value of any such
    goods or chattels, by any landlord for rent, or by any
    person not being the party against whom the process
    has issued, the Registrar of the said Court may, upon
    application of the officer charged with the execution
    of the process, whether before or after any action
    brought against such officer, issue a summons calling
    before the said Court both the party issuing such
    process and the party making the claim, and there-
    upon any action which shall have been brought in
    any of Her Majesty's Superior Courts of Record, or
    in any local or inferior Court, in respect of such claim,
    seizure, act, or matter as aforesaid, shall be stayed,
    and the Court in which such action shall have been
    brought, or any Judge thereof, on proof of the issue
    of such summons, and that the goods and chattels
    were so taken in execution, may order the party
    bringing the action to pay the costs of all proceedings
    had upon the action after issue of the summons out
    of the said Admiralty Court, and the Judge of the
    said Admiralty Court shall adjudicate upon the claim,
    and make such order between the parties in respect
    thereof, and of the costs of the proceedings, as to him

shall seem fit, and such order shall be enforced in
like manner as any order made in any suit brought
in the said Court. Where any such claim shall be
made as aforesaid, the claimant may deposit with the
officer charged with the execution of the process
either the amount or value of the goods claimed, the
value to be fixed by appraisement in case of dispute,
to be by the officer paid into Court to abide the
decision of the Judge upon the claim, or the sum
which the officer shall be allowed to charge as costs
for keeping possession of the goods until such deci-
sion can be obtained, and in default of the claimant
so doing, the officer may sell the goods as if no such
claim had been made, and shall pay into Court the
proceeds of the sale, to abide the decision of the
Judge.

Powers of Superior Courts extended to Court of Admiralty.

17. The Judge of the High Court of Admiralty
    shall have all such powers as are possessed by any of
    the Superior Courts of Common Law or any Judge
    thereof, to compel either party in any cause or matter
    to answer interrogatories, and to enforce the pro-
    duction, inspection, and delivery of copies of any
    document in his possession or power.

Party in Court of Admiralty may apply for an order for
Inspection by Trinity Masters.

18. Any party in a cause in the High Court of
    Admiralty shall be at liberty to apply to the said
    Court for an order for the inspection by the Trinity
    Masters or others appointed for the trial of the said
    cause, or by the party himself or his witnesses, of any
    ship or other personal or real property, the inspection
    of which may be material to the issue of the cause,
    and the Court may make such order in respect of the
    costs arising theroout as to it shall seem fit.

Admission of Documents.

19. Any party in a cause in the High Court of
    Admiralty may call on any other party in the cause,
    by notice in writing, to admit any document, saving
    all just exceptions; and in case of refusal or neglect
    to admit, the costs of proving the document shall be
    paid by the party so neglecting or refusing, whatever
    the result of the cause may be, unless at the trial the
    Judge shall certify that the refusal to admit was
    reasonable.

Power to Court of Admiralty, when Personal Service of Citation
has not been effected, to order Parties to proceed.

20. Whenever it shall be made to appear to the
    Judge of the High Court of Admiralty that reason-
    able efforts have been made to effect personal servico
    of any citation, monition, or other process issued
    under seal of the said Court, and either that the same
    has come to the knowledge of the party thereby cited
    or monished, or that he wilfully evades service of the
    same, and has not appeared thereto, the said Judge
    may order that the party on whose behalf the citation,
    monition, or other process was issued be at liberty to
    proceed as if personal service had been effected, sub-
    ject to such conditions as to the Judge may seem fit;
    and all proceedings thereon shall be as effectual as if
    personal service of such citation, monition, or other
    process had been effected.

As to the Service of Subpœna out of England and Wales.

21. The service in any part of Great Britain or
    Ireland of any writ of subpœna ad testificandum or
    subpœna duces tecum, issued under seal of the High
    Court of Admiralty, shall be as effectual as if
    same had been served in England or Wales.

Power to issue new Writs or other Process.

22. Any new writ or other process necessary or
    expedient for giving effect to any of the provisions
    of this Act, may be issued from the High Court of
    Admiralty in such form as the Judge of the said Court
    shall from time to time direct.