Prize Court Rules




8362
THE NEW ZEALAND GAZETTE.
No. 93

action of the business of the Court when exercising its ordinary jurisdiction. Provided, that the Registrar shall make arrangements for the issue of process in all urgent cases when the offices are closed.

ORDER XLI.
RECORDS OF THE COURT.

  1. There shall be kept in the Registry a book to be called the minute-book, in which shall be entered in order of date under the head of each cause, and on a page numbered with the number of the cause, a record of the institution of the cause, of all appearances entered, of all documents issued or filed, of all witnesses examined, and of all acts done, and in which shall in the like order be entered in full all orders and decrees of the Court, whether made by the Judge, or by the Registrar, or by consent of the parties in the cause.
    Form of minutes of examination of witnesses will be found in Appendix A, No. 61.
  2. A copy of any order or decree certified by the Registrar as correct shall be deemed to be a true copy of such order or decree for all purposes.
  3. There shall be kept in the Registry a caveat warrant book, a caveat release book, and a caveat payment book, in which all such caveats respectively and the withdrawal thereof shall be entered.

ORDER XLII.
CERTIFICATES OF SALE, CONDEMNATION, AND RESTITUTION.

  1. Where property taken or seized as prize is sold by order or decree of the Court, any person to whom such property is sold may, within one month from the date of the sale or condemnation of the property, whichever last happens, and after notice to the proper officer of the Crown, apply to the Judge for an order directing the issue of a certificate of condemnation and sale, or of sale only; and upon such application the Judge shall, unless good cause is shown to the contrary, direct a certificate to be issued, and the same shall be issued in one of the forms in Appendix A, Nos. 62, 63, 64, 65.
  2. Where such certificate is issued in respect of a ship, the applicant shall be entitled to have a certificate endorsed on the bill of sale by which the ship is sold to him, on production of the bill of sale to the Registrar.
    Where such certificate is issued in respect of goods or cargo, the applicant shall be entitled to have the certificate endorsed on the contract or sold note (if any) under which such goods or cargo were sold to him on production of such contract or sold note to the Registrar.
  3. Where the property taken or seized as prize is restored to the owner thereof by order or decree of the Court, the owner may within one month from the date of the order or decree, and after notice to the proper officer of the Crown, apply to the Judge for an order directing the issue of a certificate of restitution, and the Judge shall, unless good cause is shown to the contrary, direct a certificate to be issued in one of the forms in Appendix A, Nos. 66 or 67.

ORDER XLIII.
FORMS AND FEES.

  1. The forms in Appendix A shall be followed with such variations as the circumstances may require.
  2. The fees to be taken in the Court in prize matters by the Court and the officers thereof, and the costs, charges, and expenses to be allowed to the practitioners therein, shall be the fees set out in Appendix B, and the costs, charges, and expenses set out in Appendix C respectively, or so near thereto as the currency in use in any place in which the Court is situate will permit. All fees to be taken as aforesaid shall be taken by means of stamps.
  3. No document shall be filed, no process issued, no decree or order made, nor act done, by the Court or Registrar, until the fees due and payable in respect of such filing, issue, decree, order, or act respectively, shall have been paid into the Registry, unless it is otherwise ordered by 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





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⚖️ Prize Court Rules and Procedures

⚖️ Justice & Law Enforcement
Prize Court, Rules, Procedures, Registry, Orders, Decrees, Certificates, Fees