✨ Prize Court Writs
Aug. 29.] THE NEW ZEALAND GAZETTE. 3365
No. 2.
WRIT OF SUMMONS IN A CAUSE (General Form) O. II. r. 5.
[Heading and Title as in No. 1.]
GEORGE the Fifth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the Faith.
To the owners and parties interested in the ship of the port of , and the goods laden therein [If the cause is instituted against the ship or cargo only, these words must be adapted accordingly], [If the cause is instituted against goods other than cargo, say, To the owners and parties interested in the goods taken at , hereinafter specified], seized and taken as prize by our ship of war , Commander [or by our Officers of Customs at the port of , as the case may be].
We command you that within eight days after the service of this writ [in a cause in personam add on you], inclusive of the day of such service, you do cause appearances [or an appearance] to be entered for you in the Registry of our said Court in a cause instituted on our behalf by our Procurator-General or other the proper officer of the Crown [If the proceeding is against a droit of Admiralty, add in Our Office of Admiralty] against the said ship and goods for the condemnation thereof as good and lawful prize [If claimed as droit of Admiralty, add, and as droits and perquisites of Us in Our Office of Admiralty].
And take notice that in default of your so doing our said Court (or, in a cause in personam, the plaintiff) may proceed therein and judgment may be given in your absence.
Witness, &c. [in accordance with the form generally in use in the Court].
Memorandum to be subscribed on the Writ.
N.B.—This writ is to be served within twelve calendar months from the date thereof, or, if renewed, within six calendar months from the date of the last renewal, including the day of such date, and not afterwards.
Appearance hereto may be entered either personally or by solicitor at the Admiralty Registry, Royal Courts of Justice, London [or as the case may be].
Indorsements to be made on the Writ before issue thereof.
This writ was issued by the said , who resides at , or, this writ was issued by of , whose address for service is , solicitor for the said , who resides at , or, this writ was issued by , of , whose address for service is , agent for , of , solicitor for the said , who resides at .
[If writ is issued by an officer of the Crown, state his name, title, and address for service.]
[Note.—The address for service must be within three miles of the Registry.]
Indorsement to be made on the writ after service thereof, and signed by the person serving the same.
This writ was served by me by [State mode in which service was effected, whether on the ship, cargo, or freight, or otherwise, according to Order II.; or, if in personam, state the name of the person served and the place of service] on day, the day of , 19 .
Indorsed the day of , 19 .
(Signed)
(Address)
———
No. 3.
WRIT OF SUMMONS IN A CAUSE FOR CONDEMNATION WHERE THE SHIP OR GOODS O. II. rr. 6, 13.
HAVE BEEN DESTROYED OR LOST.
[Heading and Title as in No. 1 (i).]
GEORGE the Fifth, &c. [as in No. 2].
To the owners and parties interested in the ship or vessel, , &c. [as in No. 2], seized and taken as prize by our ship of war , Commander [or, by our Officers of Customs at the port of ], the said ship and goods having been destroyed (or lost) [State generally the circumstances of the destruction or loss] [if the goods have been removed and brought in for adjudication without the ship, add, and the said goods having been removed from the said ship and being now in custody of our said Court].
We command you, &c. [as in No. 2].
[Remainder of form, indorsements, &c., as in No. 2.]
[NOTE.—If ship or goods only have been destroyed or lost, the above form must be altered accordingly.]
———
No. 4.
WRIT OF SUMMONS IN A CAUSE INSTITUTED AGAINST A CAPTOR. O. II. rr. 7, 14
[Heading and Title as in No. 1 (ii).]
GEORGE the Fifth, &c. [as in No. 2].
To , Commander of our ship of war, .
We command you that within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the Registry of our said Court in an action at the suit of , a subject of [State nationality of petitioner], claiming restitution of the ship , taken and seized as prize by our said ship of war, and damages for her detention (or damages for the loss or destruction of the said ship).
And take notice, &c. [as in No. 2].
Witness, &c. [as in No. 2].
[Indorsements, &c., as in No. 2.]
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1914, No 93
NZLII —
NZ Gazette 1914, No 93
✨ LLM interpretation of page content
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Prize Court Rules and Procedures
(continued from previous page)
⚖️ Justice & Law EnforcementPrize Court, Rules, Procedures, Appeals, Judgment, Record, Security, Execution, Consolidation, Withdrawal
⚖️ Writ of Summons in a Cause (General Form)
⚖️ Justice & Law EnforcementWrit of Summons, Prize Court, Ship, Cargo, Condemnation
⚖️ Writ of Summons in a Cause for Condemnation Where the Ship or Goods Have Been Destroyed or Lost
⚖️ Justice & Law EnforcementWrit of Summons, Prize Court, Ship, Goods, Condemnation, Destruction, Loss
⚖️ Writ of Summons in a Cause Instituted Against a Captor
⚖️ Justice & Law EnforcementWrit of Summons, Prize Court, Captor, Restitution, Damages