✨ Prize Court Rules
8348
THE NEW ZEALAND GAZETTE.
[No. 93
respect of the property by the party upon whose application the release
has been issued, unless the Judge shall otherwise order, the property
shall be at once released.
7. The marshal shall file the release with a certificate (Appendix
A, Form No. 33) endorsed thereon of the date of the execution thereof.
8. The rules of this Order, except rules 1, 6, and 7, shall not
apply to releases on requisition by the Lords of the Admiralty under
Order XXIX.
ORDER XIV.
CAVEATS.
- Where a ship is subject to a claim for prize salvage, but is not
under arrest, any person desiring to prevent the arrest of such ship
may file a notice in the Registry undertaking to enter an appearance
in any cause for the recovery of prize salvage that may have been
or may be instituted against such ship, and to give bail in such cause
in a sum not exceeding an amount to be stated in the notice, or to
pay such sum into the Registry; and a caveat against the issue of a
warrant for the arrest of the ship shall thereupon be entered in the
caveat warrant book hereinafter mentioned.
Forms of notice and of caveat warrant will be found marked
Nos. 34 and 35, respectively, in Appendix A. - A party taking proceedings for prize salvage against a ship,
in respect of which a caveat has been entered in the caveat warrant
book, shall forthwith serve a copy of the writ instituting the pro-
ceedings upon the party on whose behalf the caveat has been entered,
and within three days of the service of the copy of the writ the party
on whose behalf the caveat has been entered shall, if the sum claimed
does not exceed the amount for which he has undertaken, give bail
in such sum or pay the same into the Registry. - If the party on whose behalf the caveat has been entered shall
not within the three days prescribed by Rule 2 have given bail in
such sum or paid the same into the Registry, the caveat may be over-
rulled. - The entry of a caveat warrant shall not prevent the issue of a
warrant for the arrest of any property, but a party at whose instance
a warrant shall be issued for the arrest of any property in respect
of which there is a caveat warrant outstanding shall be condemned
in all costs and damages occasioned thereby, unless he shall show to
the satisfaction of the Judge good and sufficient reason for such issue. - Any person having any interest in or claim against any pro-
perty in the custody of the Court, and desiring to prevent its release,
shall file a notice in the Registry, and thereupon the Registrar shall
enter a caveat in the caveat release book hereinafter mentioned.
Forms of notice and of caveat release will be found in Appendix A,
Nos. 36 and 37. - Any person having any interest in or claim against any money
in Court, and desiring to prevent its payment out of Court shall file
a notice in the Registry, and thereupon the Registrar shall enter a
caveat in the caveat payment book hereinafter mentioned. Forms
of notice and of caveat payment will be found in Appendix A, Nos. 38
and 39. - If the person entering a caveat is not a party to the cause, the
notice shall state his name and address, and an address within three
miles of the Registry at which it shall be sufficient to leave all docu-
ments required to be served upon him, and such person shall within
seven days of the entry of the caveat enter an appearance in the
cause, otherwise the caveat will cease to be effective. - The party at whose instance a caveat release or caveat pay-
ment is entered shall be condemned in all costs and damages occa-
sioned thereby, unless he shall show to the satisfaction of the Judge
good and sufficient reason for such entry. - A caveat shall not remain in force for more than six months
from the date of entering the same. - A caveat may at any time be withdrawn by the person at
whose instance it has been entered, on his filing a notice withdrawing
it. A form of notice of withdrawal will be found in Appendix A,
No. 40. - The Judge may over-rule any caveat.
Next Page →
Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1914, No 93
NZLII —
NZ Gazette 1914, No 93
✨ LLM interpretation of page content
⚖️
Proclamation of Prize Court Rules, 1914
(continued from previous page)
⚖️ Justice & Law Enforcement29 August 1914
Proclamation, Prize Court Rules, Naval Prize Acts, Governor