Prize Court Rules




Aug. 29.] THE NEW ZEALAND GAZETTE 3359

of a joint title and interest, and that the petition shall be filed within
10 days after the cause is instituted by the petitioner instead of after
security given.

  1. All other applications to share in prize proceeds, or prize salvage,
    shall, unless the Judge shall otherwise direct, be made by motion.

ORDER XXXIII.
PRIZE BOUNTY.

In claims for prize bounty the procedure shall be as follows :—
(1.) Where the ship is brought in for adjudication the application
for a decree under the Naval Prize Act, 1864, Section 43,
shall be made in Court at the hearing of the principal cause,
or as soon thereafter as possible.
(2.) Where the ship has been destroyed, or, having been taken,
has not been brought in for adjudication, the application
for a decree as aforesaid shall be made by motion in Court.
(3.) Not less than four clear days before such application, notice
thereof shall be served upon the proper officer of the Crown.
(4.) The witnesses in support of the application shall be examined
before the Judge in Court, or their evidence may be given
by affidavit.
(5.) If the Judge makes a decree in favour of the application and
there are no parties other than the original applicants claim-
ing to share in the bounty, the Judge may upon the hearing
of the application, or at a later date if he shall see fit, make
a decree declaring the title of the applicants to the prize bounty,
and stating the amount thereof. If there are other persons
claiming to share in the bounty, the Judge may make a
decree that bounty is due, stating the amount thereof, but
reserving the question to whom the said bounty is due.
Forms of decree will be found in Appendix A, No. 53
(xxv) to (xxviii).
(6.) All claims to share as joint captors in prize bounty shall be,
as far as possible, subject to the same procedure and rules,
and be heard and determined in the same manner, as herein-
before provided in the case of claims to share as joint captors
in prize.

ORDER XXXIV.
DISTRIBUTION AND NAVAL AGENCY.(a)

In questions concerning the distribution or investment of prize
moneys, whether the proceeds of prize, prize salvage, or prize bounty,
distributable under the provisions of the Naval Agency and Distri-
bution Act, 1864, or otherwise, and in questions concerning the re-
numeration of ships’ agents under the said Act, the procedure shall
be as follows :—
(1.) Any application for distribution or investment of such money
shall be by motion.
(2.) No motion shall be heard unless four days’ previous notice
thereof, intituled in the cause to the credit of which such
money stands or in which such money has been pronounced
due, has been served by the applicant upon all parties
interested, including (if they are not applicants) the Lords
of the Admiralty.
(3.) The Judge may, if he thinks fit, direct any application for
distribution or investment to be heard on pleadings.
(4.) Evidence on such applications shall be by affidavit, but the
Judge may direct any witness to be examined or cross-
examined.
(5.) In the taxation of the costs, charges, and expenses of the
officers and crew of any of His Majesty’s ships or of any
ships’ agent under Section 13 of the Naval Agency and
Distribution Act, 1864, the same procedure shall be followed
as is hereinbefore provided for the taxation of costs.

(a) Attention should be called to Section 22 of the Naval Agency and Dis-
tribution Act, 1864.



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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

⚖️ Prize Salvage Rules (continued from previous page)

⚖️ Justice & Law Enforcement
Salvage, Ships, Recapture, Prize Court, Affidavit, Appraisal, Decree, Enforcement

⚖️ Prize Bounty Procedures

⚖️ Justice & Law Enforcement
Prize Bounty, Naval Prize Act, Adjudication, Decree, Affidavit, Joint Captors

⚖️ Distribution and Naval Agency Rules

⚖️ Justice & Law Enforcement
Prize Moneys, Distribution, Investment, Naval Agency, Ships’ Agents, Taxation of Costs