Prize Court Rules




Aug. 29.] THE NEW ZEALAND GAZETTE. [3345

  1. Any party to a cause may, for the purposes of the hearing of
    a cause, serve a notice (Appendix A, Form No. 17) on any other party
    to produce, for inspection or for the purpose of being copied, any
    document in his possession or power relating to any matter in question
    in the cause.

  2. If the party served with notice to produce omits or refuses to
    do so within the time specified in the notice, the adverse party may
    apply to the Judge for an order to produce, and the Judge may, if
    he thinks fit, make such order.

  3. Notice to produce documents at the hearing or at an examination
    of witnesses shall be in the Form No. 18 of Appendix A, with such
    variations as the circumstances may require.

  4. The captor or any party who has entered a claim, or, by leave
    of the Judge, any other party may inspect in the Registry and take
    copies of the ship papers filed in the cause.

  5. A party may, for the purposes of any hearing of a cause, serve
    a notice (Appendix A, Form No. 19) on any other party to admit any
    document or fact, saving all just exceptions, and a party not admitting
    it after such notice shall be liable for the costs of proving the document
    or fact; unless at the hearing the Judge shall certify that the refusal
    or omission to admit was reasonable.
    Form of admission of facts will be found in Appendix A, No. 20.

ORDER X.
ARREST OF PRIZE.-WARRANT.

  1. Where a ship is taken as prize and brought into port within
    the jurisdiction of the Court, or seized as prize in port within such
    jurisdiction, or having been taken or seized as prize comes or is how-
    soever within the jurisdiction of the Court, but is not delivered up
    to the marshal of the Court, the Judge may, after claim made, and
    upon the application of the claimant, order a warrant for the arrest
    of the ship to be issued.

  2. Where in any proceeding it shall be made to appear to the
    Judge by the Crown or any party to a cause other than a claimant
    that property taken or seized as prize is within the jurisdiction of
    the Court, and that it is necessary or desirable that such property
    should be within the custody of the Court, the Judge may, on the
    application of the Crown or such party, order a warrant for the arrest
    of such property to be issued.

  3. A warrant (Appendix A, Form No. 21) for the arrest of property
    shall be issued only on the order of the Judge.
    No warrants shall be issued for the arrest of property until an
    affidavit has been filed by the party applying for the warrant as
    hereinafter prescribed.

  4. The affidavit shall state the grounds upon which the application
    is made and that the aid of the Court is required. Form of
    affidavit to lead warrant will be found in Appendix A, No. 22.

  5. The warrant shall be issued out of the Registry, and lodged
    by the party applying for the same with the marshal, and it shall
    be served by the marshal in the manner following:-
    (1.) Upon ship, freight, or goods on board, by attaching the warrant
    for a short time to some conspicuous part of the ship,
    and by leaving a copy of the warrant attached thereto;
    (2.) Upon goods or freight where the goods have been landed or
    transhipped or are not on board a ship, by attaching the
    warrant for a short time to such goods, and by leaving a
    copy of the warrant attached thereto; or, if the person
    having the custody of the goods refuses access thereto, by
    showing the warrant to such person and by leaving with
    him a copy thereof;
    (3.) Upon freight or proceeds of prize in the hands of any person
    other than a person holding the same on behalf of the
    Court, by showing the warrant to him, and by leaving with
    him a copy thereof;
    (4.) Upon freight or proceeds in Court, by showing the warrant
    to the Registrar, and by leaving with him a copy thereof;
    A warrant served as in paragraph (3) provided shall be deemed
    to be an order for payment into Court forthwith of the freight or
    proceeds in respect of which the warrant is issued: Provided that,
    instead of such warrant, the Judge may, if he sees fit, order the person



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1914, No 93


NZLII PDF NZ Gazette 1914, No 93





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⚖️ Proclamation of Prize Court Rules, 1914 (continued from previous page)

⚖️ Justice & Law Enforcement
29 August 1914
Proclamation, Prize Court Rules, Naval Prize Acts, Governor