Amendments to Prize Court Rules




SCHEDULE.

AMENDMENT MADE BY ORDER IN COUNCIL DATED THE 28TH
NOVEMBER, 1914.

THAT in Order XXVII (“Enforcement and Execution of Decrees
and Orders”) of the said rules the following shall be added to
Rule 1 (1):—

“Provided that on the application of the proper officer of the
Crown the Court shall order delivery of the property to the Crown
in lieu of sale, and if at the time of such application an order for sale
has already been made but no sale has taken place, the order for sale
shall be rescinded for the purpose of giving effect to such application,
but the order for delivery to the Crown may, if the Court thinks fit,
be made subject to payment by the Crown of such costs, expenses,
or other sums as might have been ordered to be paid out of the pro-
ceeds of sale if the property had been sold under order of the Court.”

AMENDMENTS MADE BY ORDER IN COUNCIL DATED THE 23RD MARCH,
1915.

Order IX, Rule 1: Omit the words “upon filing an affidavit,”
and substitute the following words—“any party other than the proper
officer of the Crown”—for the words “any other party.”

Order XI, Rule 1: Omit the words between the word “time,”
line 4, and the word “order,” line 5.

Order XV: Add the following Rule 21:—

“21. Notwithstanding anything contained in these rules, the
proper officer of the Crown may apply to the Judge for leave to ad-
minister interrogatories for the examination of any person whether
a party to the cause or not.”

Order XXIX as amended by Order in Council of the 30th day of
September, 1914, is revoked and the following substituted:—

“1. Where it is made to appear to the Judge on the application
of the proper officer of the Crown that he is desiring to requisition
on behalf of His Majesty a ship in respect of which no final decree
of condemnation has been made, he shall order that the ship shall be
appraised, and that upon an undertaking being given in accordance
with Rule 5 of this order the ship shall be released and delivered to
the Crown.

“2. Where a decree for the detention of a ship has been made in
accordance with Order XXVIII the proper officer of the Crown may
file a notice (Appendix A, Form No. 55) that the Crown desires to
requisition the same, and thereupon a commission (Appendix A,
Form No. 56) to the Marshal directing him to appraise the ship shall
issue. Upon an undertaking being given in accordance with Rule 5
of this order the ship shall be released and delivered to the Crown.

“Service of this notice shall not be required before filing, but
copies thereof shall be served upon the parties by the proper officer
of the Crown as soon thereafter as possible.

“3. Where in any case of requisition under this order it is made
to appear to the Judge on behalf of the Crown that the ship is required
for the service of His Majesty forthwith, the Judge may order the
same to be forthwith released and delivered to the Crown without
appraisalment.

“4. In any case where a ship has been requisitioned under the
provisions of this order, and whether or not an appraisalment has
been made, the Court may on the application of any party fix the
amount to be paid by the Crown in respect of the value of the ship.

“5. In every case of requisition under this order an undertaking
in writing shall be filed by the proper officer of the Crown for payment
into Court on behalf of the Crown of the appraised value of the ship,
or of the amount fixed under Rule 4 of this order, as the case may be,
at such time or times as the Court shall declare by order that the
same or any part thereof is required for the purpose of payment out
of Court.

“6. Where in any case of requisition under this order it is made
to appear to the Judge on behalf of the Crown that the Crown desires
to requisition the ship temporarily, the Court may, in lieu of an order
of release, make an order for the temporary delivery of the ship to the
Crown, and subject as aforesaid the provisions of this order shall
apply to such a requisition: Provided that, in the event of the return
of the ship to the custody of the Court, the Court may make such
order as it thinks fit for the release of the undertaking given on behalf
of the Crown or the reduction of the amount undertaken to be paid



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1915, No 50


NZLII PDF NZ Gazette 1915, No 50





✨ LLM interpretation of page content

⚖️ Proclamation Amending Prize Court Rules, 1914 (continued from previous page)

⚖️ Justice & Law Enforcement
13 April 1915
Prize Court Rules, Amendment, Proclamation, Liverpool, Governor