New Zealand Gazette – 1914 – No. 93

Page 3364

✨ Prize Court Rules and Procedures



3364
THE NEW ZEALAND GAZETTE.
[No. 93

dismiss the appeal or make such order as to costs or otherwise as the
Court shall think fit.

  1. Where at any time before the hearing of the appeal the record
    becomes defective by reason of the death or change of status of a
    party to the appeal, the Court shall, on an application made by any
    person interested, grant a certificate showing who, in the opinion of
    the Court, is the proper person to be substituted on the record in place
    of, or in addition to, the party who has died or undergone a change of
    status.

  2. Where His Majesty in Council directs a party to bear the
    costs of an appeal incurred in the Court below, such costs shall be
    taxed by the proper officer of the Court in accordance with
    Order XIX, r. 2.

  3. The Court shall enforce any order or judgment of His Majesty
    in Council in like manner as any judgment or order of the Court.

  4. An appellant whose appeal has been admitted shall prosecute
    his appeal in accordance with the rules for the time being regulating
    the general practice and procedure in appeals to His Majesty in Council,
    so far as such rules may be applicable.

ORDER XLV.

CASES NOT PROVIDED FOR.

In all cases not provided for by these Rules, the practice of the
late High Court of Admiralty of England in prize proceedings shall
be followed, or such other practice as the President may direct.

ORDER XLVI.

SHORT TITLE AND COMMENCEMENT.

These Rules may be cited as the Prize Court Rules, 1914, and shall
come into operation immediately on the making thereof; except that
so far as they apply to any Court in a British possession outside the
United Kingdom, they shall not come into operation until they are
proclaimed in the possession by the Governor thereof.

O. XLIII.

FORMS.

[NOTE.—Every document issued from the Court or Registry must bear the Seal of
the Court.]

No. 1.

O. II. r. 2.

HEADING AND TITLES OF CAUSES.

(i.) In Rem.

19 . [Here put number.]

In the High Court of Justice. Probate, Divorce, and Admiralty Division
[or other Court having prize jurisdiction].

In Prize.

[If the cause is instituted against a ship only, or against a ship and cargo, or
against a ship, cargo, and freight, the title should be the name of the ship only
and the name of her master]

The
[or, if the cause is instituted against cargo only]
Cargo ex
[or, if the cause is instituted against goods other than cargo]
Goods taken at
[or, if the cause is instituted against the proceeds realized by the sale of ship
or cargo or goods]
The proceeds of the ship
[or]
The proceeds of the cargo ex
[or]
The proceeds of the goods taken at

(ii.) In Personam.

No.

[Heading as above.]

Between A. B., plaintiff,
and
C. D. and E. F., the owners of the ship
, defendants,
or
C. D. and E. F., the owners of the cargo ex
ship
, defendants.



Next Page →



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 Court Rules and Procedures (continued from previous page)

⚖️ Justice & Law Enforcement
Prize Court, Rules, Procedures, Appeals, Judgment, Record, Security, Execution, Consolidation, Withdrawal