✨ Prize Court Legislation
Aug. 29.] THE NEW ZEALAND GAZETTE. 3401
His Excellency the Governor has it in Command from His Majesty
the King to publish the following Act and Order in Council for the
information of the Public.
PRIZE COURT (PROCEDURE) ACT, 1914.
[4 & 5 George V, Chapter 13.]
An Act to amend the Law relating to Procedure in Prize Courts.
[5th August, 1914.
BE IT ENACTED by the King’s Most Excellent Majesty, by and with
the advice and consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the authority
of the same, as follows:—
- (1.) As from the date when rules under an Order in Council Procedure in
made after the passing of this Act, in pursuance of section three of Prize Courts.
the Prize Courts Act, 1894, regulating the procedure and practice
in Prize Courts, come into operation such of the provisions of the
Naval Prize Act, 1864, as are specified in the Schedule to this Act
(being enactments relating to the practice and procedure in Prize
Courts) shall be repealed:
Provided that nothing in such repeal shall have the effect of ex-
tending section sixteen of that Act to ships-of-war taken as prizes,
and accordingly that section shall have effect as if the following words
were inserted therein: “Nothing in this section shall apply to ships
of war taken as prizes.”
(2.) Any cause or proceeding commenced in any Prize Court before
such rules as aforesaid come into operation as respects that Court
may, as the Court directs, be either,—
(a.) Recommended and proceeded with in accordance with the
said rules;
(b.) Continued in accordance with the said rules, subject to such
adaptations as the Court may deem necessary to make them
applicable to the case; or
(c.) Continued to the determination thereof in accordance with
the procedure applicable to the case at the commence-
ment of the cause or proceeding.
- This Act may be cited as the Prize Court (Procedure) Act, 1914, Short Title
and shall be construed as one with the Naval Prize Act, 1864; and and
that Act, and the Prize Courts Act, 1894, and this Act may be cited construction.
together as the Naval Prize Acts, 1864–1914.
SCHEDULE.
PROVISIONS OF NAVAL PRIZE ACT, 1864, REPEALED.
Sections 7 and 8, 18–29, 32, 33, and 36; and in section 41 the words
“either by warrant of arrest against the ship or goods, or by moni-
tion and attachment against the owner.”
Order in Council prescribing the Rules and Tables of Fees to be
observed and taken in Prize Proceedings.
At the Court at Buckingham Palace, the 5th day of August, 1914.
Present:
THE KING’S MOST EXCELLENT MAJESTY IN COUNCIL.
WHEREAS by section 3 of the Prize Courts Act, 1894, His Majesty
in Council is authorized to make rules of Court for regulating, subject
to the provisions of the Naval Prize Act, 1864, and the said Act, the
procedure and practice of Prize Courts within the meaning of the Naval
Prize Act, 1864, and the duties and conduct of the officers thereof,
and of the practitioners therein, and for regulating the fees to be taken
by the officers of the Courts, and the costs, charges, and expenses
allowed to the practitioners therein: And whereas by section 5
of the Naval Prize Act, 1864, it is also provided that every appeal
from a Prize Court within the meaning of that Act shall be made
in such manner and form, and subject to such regulations (including
regulations as to the fees, costs, charges, and expenses), as may for
the time being be directed by Order in Council: And whereas in
pursuance of the Prize Courts Act, 1894, certain rules were made
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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
⚖️ Prize Court (Procedure) Act, 1914
⚖️ Justice & Law Enforcement5 August 1914
Legislation, Prize Courts, Naval Prize Act, Procedure, Rules
- His Excellency the Governor
- His Majesty the King
⚖️ Order in Council prescribing Rules and Tables of Fees for Prize Proceedings
⚖️ Justice & Law Enforcement5 August 1914
Order in Council, Prize Courts, Rules, Fees, Procedure
- His Majesty the King
- THE KING’S MOST EXCELLENT MAJESTY IN COUNCIL