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THE NEW ZEALAND GAZETTE.
[No. 28

Judge may appoint Deputy Registrars and Marshals.
12. The Judge may from time to time, if he thinks fit, appoint any competent persons to act respectively as Deputy Registrars and Deputy Marshals of the Court, and may, if he thinks fit, at any time revoke any such appointment, but the appointment shall not be determined by the occurrence of a vacancy in the office of the Judge.

Admiralty may revoke Appointments.
13. Notwithstanding anything contained in this Act, it shall be lawful for the Admiralty, if they think fit, at any time to revoke the appointment of any Deputy Judge, Deputy Registrar, or Deputy Marshal appointed under this Act.

Deputies to receive Fees.
14. Any Deputy Judge, Deputy Registrar, or Deputy Marshal appointed under this Act, shall be entitled to the same fees in respect of any duty performed by him as would be lawfully payable to the Judge, Registrar, or Marshal respectively for the performance of the same duty.

Barristers and Solicitors entitled to practise in Vice-Admiralty Courts.
15. All persons entitled to practise as advocates, barristers-at-law, proctors, attorneys-at-law, or solicitors in the superior Courts of a British possession, shall be entitled to practise in the same respective capacities in the Vice-Admiralty Court or Courts of such possession, and shall have therein all the rights and privileges respectively belonging to advocates, barristers-at-law, proctors, attorneys-at-law, and solicitors, and shall in like manner be subject to the authority of the person for the time being lawfully exercising the office of Judge of such Court.

Her Majesty may establish a Vice-Admiralty Court in a Possession having Legislative Powers.
16. It shall be lawful for Her Majesty to empower the Admiralty, by commission under the Great Seal, to establish one or more Vice-Admiralty Courts in any British possession, notwithstanding that such possession may have previously acquired independent legislative powers; and the jurisdiction and authority of all the existing Vice-Admiralty Courts are hereby declared to be confirmed to all intents and purposes, notwithstanding that the possession in which any such Court has been established may at the time of its establishment have been in possession of legislative powers.

Extended to the Straits Settlements.
17. “The Vice-Admiralty Courts, 1863,” shall, together with this Act, apply to any Vice-Admiralty Court now established, or hereafter to be established, in the Straits Settlements.

26 and 27 Vict., c. 24, s. 23, extended to Appeals from Vice-Admiralty Courts in Indian Possessions.
18. The limitation of the time allowed for appeals contained in the twenty-third section of “The Vice-Admiralty Courts Act, 1863,” shall be held to apply to all decrees or orders pronounced in any Vice-Admiralty Court now established, or hereafter to be established, in any of Her Majesty’s possessions in India.

RULES FOR THE VICE-ADMIRALTY COURTS IN HER MAJESTY’S POSSESSIONS ABROAD.

1. In the construction of these rules, and of the forms and tables of fees annexed thereto, the following terms shall, if not inconsistent with the context or subject-matter, have the respective meanings hereinafter assigned to them, that is to say, —

“Possession” shall mean any colony, plantation, settlement, island, or territory, being a part of Her Majesty’s dominions, but not being within the limits of the United Kingdom of Great Britain and Ireland:

“Court” shall mean any Vice-Admiralty Court now existing or which shall hereafter be established in any possession:

“Registry” shall mean the registry of the Court, or any district registry thereof:

“Judge” shall mean the Judge of the Court, or any person lawfully authorized to act as Judge thereof:

“Registrar” shall mean the Registrar of the Court, or any Deputy or Assistant Registrar thereof:

“Marshal” shall mean the Marshal of the Court, or any Deputy or Assistant Marshal thereof:

“Action” shall mean any action, cause, suit, or other proceeding instituted in the Court:

“Counsel” shall mean any advocate, barrister-at-law, or other person entitled to practise in the Court:

“Solicitor” shall mean any proctor, solicitor, or attorney entitled to practise in the Court:

“Plaintiff” shall include the plaintiff’s solicitor, if he sues by a solicitor:

“Defendant” shall include the defendant’s solicitor, if he appears by a solicitor:

“Party” shall include the party’s solicitor, if he sues or appears by a solicitor:

“Ship” shall include every description of vessel used in navigation not propelled by oars only:

“Month” shall mean calendar month.

ACTIONS.
2. Actions shall be of two kinds, actions in rem and actions in personam.
3. Actions for condemnation of any ship, boat, cargo, proceeds, slaves, or effects, or for recovery of any pecuniary forfeiture or penalty, shall be instituted in the name of the Crown.
4. All actions shall be numbered in the order in which they are instituted, and the number given to any action shall be the distinguishing number of the action, and shall be written or printed on all documents in the action as part of the title thereof. Forms of the title of an action will be found in the Appendix hereto, Nos. 1, 2, and 3.

WRIT OF SUMMONS.
5. Every action shall be commenced by a writ of summons, which, before being issued, shall be indorsed with a statement of the nature of the claim, and of the relief or remedy required, and of the amount claimed, if any. Forms of writ of summons and of the indorsements thereon will be found in the Appendix hereto, Nos. 4, 5, 6, and 7.
6. In an action for seaman’s or master’s wages, or for master’s wages and disbursements, or for necessaries, or for bottomry, or in any action in which the plaintiff desires an account, the indorsement on the writ of summons may include a claim to have an account taken.
7. The writ of summons shall be indorsed with the name and address of the plaintiff, and with an address, to be called an address for service, not more than three miles from the registry, at which it shall be sufficient to leave all documents required to be served upon him.
8. The writ of summons shall be prepared and indorsed by the plaintiff, and shall be issued under the seal of the Court; and a copy of the writ and of all the indorsements thereon, signed by the plaintiff, shall be left in the registry at the time of sealing the writ.
9. The Judge may allow the plaintiff to amend the writ of summons and the indorsements thereon in such manner and on such terms as to the Judge shall seem fit.

Service of Writ of Summons.
10. In an action in rem the writ of summons shall be served—
(a.) Upon ship, or upon cargo, freight, or other property, if the cargo or other property is on board a ship, by attaching the writ for a short time to the mainmast or the single mast, or to some other conspicuous part of the ship, and by leaving a copy of the writ attached thereto;
(b.) Upon cargo, freight, or other property, if the cargo or other property is not on board a ship, by attaching the writ for a short time to such cargo or property, and by leaving a copy of the writ attached thereto;
(c.) Upon freight in the hands of any person, by showing the writ to him, and by leaving with him a copy thereof;
(d.) Upon proceeds in Court, by showing the writ to the Registrar, and by leaving with him a copy thereof.
11. If access cannot be obtained to the property on which it is to be served, the writ may be served by showing it to any person appearing to be in charge of such property, and by leaving with him a copy of the writ.
12. In an action in personam the writ of summons shall be served by showing it to the defendant, and by leaving with him a copy of the writ.
13. A writ of summons against a firm may be served upon any member of the firm, or upon any person appearing at the time of service to have the management of the business of the firm.
14. A writ of summons against a Corporation or a public company may be served in the mode, if any, provided by law for service of any other writ or legal process upon such Corporation or company.
15. Where no such provision exists, a writ of summons against a Corporation may be served upon the Mayor or other head officer, or upon the Town Clerk, Clerk, Treasurer, or Secretary of the Corporation; and a writ of summons against a public company may be served upon the secretary of the company, or may be left at the office of the company.
16. If the person to be served is under disability, or if for any cause personal service cannot or cannot promptly be effected, or if in any action, whether in rem or in personam, there is any doubt or difficulty as to the person to be served or as to the mode of service, the Judge may order upon whom or in what manner service is to be made, or may order notice to be given in lieu of service.
17. The writ of summons, whether in rem or in personam, may be served by the plaintiff or his agent within [six months] from the date thereof, and shall, after service, be filed with a certificate of service indorsed thereon.