3340

THE NEW ZEALAND GAZETTE.

No. 93

PRIZE COURT RULES, 1914.

RULES AND ORDERS.

ORDER I.

INTERPRETATION.

1. In these Rules and the forms thereto annexed, unless the context otherwise requires, the following expressions shall have and include the meanings hereby assigned to them, that is to say :—

“Captor” shall mean any person taking or seizing, or having taken or seized, any ship or goods as prize, and shall (for the purposes of proceedings in any cause or matter) include the captor’s solicitor (if any), or the proper officer of the Crown, and shall include re-captor ;

“Capture” shall include re-capture ;

“Cause” shall mean any prize proceeding instituted by a writ ;

“Claimant” shall mean any person who shall assert a claim to ship or goods taken or seized as prize, or to compensation, and shall (for the purposes of proceedings in any cause or matter) include the claimant’s solicitor (if any) ;

“Consular officer” shall include consul-general, consul, vice-consul, consular agent, and any person for the time authorized to discharge the duties of consul-general, consul, or vice-consul ;

“Consul” shall include any barrister-at-law, advocate, or other person entitled to practise and have audience in the Court ;

“Court” shall mean the High Court acting in the exercise of prize jurisdiction, and any court in a British Possession duly authorized to exercise prize jurisdiction ;

“Crown” shall include the Crown in its office of Admiralty ;

“Defendant” shall (for the purposes of proceedings in any cause or matter) include the defendant’s solicitor (if any).

“Judge” shall mean any Judge of the Court acting in the exercise of prize jurisdiction ;

“Lords of the Admiralty” shall mean the Lord High Admiral of the United Kingdom, or the Commissioners for executing the office of Lord High Admiral ;

“Marshal” shall mean the marshal of the Probate, Divorce, and Admiralty Division of the High Court, or of any court in a British Possession duly authorized to exercise prize jurisdiction, or such other officer as shall be appointed by such court to carry out the duties of the marshal under these Rules ;

“Month” shall mean calendar month ;

“Owner” shall include any person to whom by operation of law the property in a ship seized or taken as prize, shall, in whole or part, have passed, and shall also include any person intervening in a cause on behalf of an owner, or intervening and claiming or alleging an interest in such ship ;

“Party” shall (for the purposes of proceedings in any cause or matter) include the proper officer of the Crown and the party’s solicitor (if any) ;

“Person” shall include company and corporation and body politic ;

“Petitioner” shall (for the purposes of proceedings in any cause or matter) include the petitioner’s solicitor (if any) ;

“Plaintiff” shall (for the purposes of proceedings in any cause or matter) include the plaintiff’s solicitor (if any) ;

“President” shall mean the President of the Probate, Divorce, and Admiralty Division of the High Court, or the principal Judge of a Court in a British Possession duly authorized to act as a Prize Court, as the case may be ;

“Proper officer of the Crown” shall mean the King’s Proctor or other law officer or agent for the Crown authorized to conduct prize proceedings on behalf of the Crown within the jurisdiction of the Court ;

“Registrar” shall mean the Admiralty Registrar of the Probate, Divorce, and Admiralty Division of the High Court, or any assistant or deputy Admiralty Registrar thereof, or the Admiralty Registrar of any court in a British Possession duly authorized to exercise prize jurisdiction, or such other officer as shall be appointed by such court to carry out the duties of the Registrar under these Rules ;