Prize Court Rules




3354
THE NEW ZEALAND GAZETTE.
[No. 93

ORDER XXIII.
CONSENTS AND AGREEMENTS.

Any consent or agreement in writing, signed by the parties, or by their solicitors, may, if the Registrar think it reasonable, be filed, and shall thereupon become an order of the Court, and have the same effect as if such order had been made by the Judge.

ORDER XXIV.
SUBPOENAS.

  1. Any party desiring to compel the attendance of a witness for the purpose either of giving evidence or of producing any document may serve him with a subpoena, which shall be prepared by the party and issued under the seal of the Court.

Forms of subpoena shall be such as are for the time being in force in the High Court, or in the case of a Court in a British possession such as are for the time being in force in that Court in the exercise of its ordinary jurisdiction.

  1. A subpoena may contain the names of any number of witnesses, or may be issued with the names of the witnesses in blank.

  2. Service of the subpoena must be personal, and may be made by the party or his agent, and shall, if necessary, be proved by affidavit.

  3. Refusal or neglect to attend on subpoena issued as aforesaid, or to give evidence on attendance thereunder, shall be deemed to be contempt of Court and may be dealt with accordingly.

ORDER XXV.
COPIES.—PRINTING.—OFFICE COPIES.

  1. Depositions, pleadings, affidavits, and all other documents and copies thereof may be either written, typed, or printed as may be most convenient, except transcripts of the evidence of a witness taken before a hearing, which shall be printed, unless the Registrar shall otherwise order. Any dispute between the parties as to whether a document should be written, typed, or printed shall be decided by the Registrar on the application, without a summons, of any party.

  2. Where a document is printed the rules as to printing for the time being in force in the High Court, or in the case of a Court in a British possession the rules as to printing for the time being in force in that Court in the exercise of its ordinary jurisdiction, shall have effect as it such rules were part of these rules.

  3. Any person entitled to inspect any document in a cause, shall on payment of the proper charges for the same be entitled to an office copy thereof.

ORDER XXVI.
PAYMENTS INTO AND OUT OF COURT.

  1. In causes instituted in the United Kingdom all funds and moneys to be paid into Court in prize matters, and all securities to be placed to the credit of any such matters, shall be dealt with in the manner in which moneys or securities paid or transferred into Court are usually dealt with in the exercise of the ordinary jurisdiction of that Court.

  2. In causes instituted in a British possession all funds and moneys to be paid into Court in prize matters, and all securities to be placed to the credit of any such matters, shall be transferred, paid, or placed to the account or credit of the proper officer of the Court, which is authorized to act as a Prize Court, to whom moneys paid into Court are usually paid, and shall be placed in the books of the said officer to the credit of “Prize moneys,” and of the particular ship in respect of which the same shall be transferred, paid, or placed. If there is no such officer as above, the payments shall be made to the Registrar, who shall open an account in a bank to be approved by the Judge in respect of the particular ship in respect of which the said moneys shall be transferred, paid, or placed.

  3. No money shall be paid out of Court except in pursuance of a decree or order of the Judge.



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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





✨ LLM interpretation of page content

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

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