Order In Council, Dated December 11, 1865, ESTABLISHING RULES FOR APPEALS IN ECCLESIASTICAL AND MARITIME CAUSES.;ORDER IN COUNCIL PRESCRIBING RULES FOR VICE-ADMIRALTY COURTS.(a)

JurisdictionUK Non-devolved
CitationSI 1883/5002

(S.R. & O. and S.I. Revised to December 31, 1948)

1883Unnumbered

COLONIAL COURT OF ADMIRALTY AND VICE-ADMIRALTY COURT

1. Procedure

ORDER IN COUNCIL, DATED DECEMBER 11, 1865, ESTABLISHING RULES FOR APPEALS IN ECCLESIASTICAL AND MARITIME CAUSES.

[These Rules are printed under the title "Judicial Committee."]

ORDER IN COUNCIL PRESCRIBING RULES FOR VICE-ADMIRALTY COURTS.(a)

PRESENT,

The Queen's Most Excellent Majesty in Council.

Whereas there was this day read at the Board a Memorial from the Right Honourable the Lords Commissioners of the Admiralty, dated the 22nd day of August, 1883, in the words following, viz.:—

26 & 27 Vict. c. 24.

"Whereas by an Act passed in the twenty-seventh year of Your Majesty's Reign, entitled 'Vice-Admiralty Courts Act, 1863,' it was amongst other things provided that 'Her Majesty may, by Order in

(a) These rules have been superseded as to the Courts enumerated below by rules made by the rule making authorities of such Courts and confirmed by Order in Council (of the date stated after the name of each such Court) under s. 7 of the Colonial Courts of Admiralty Act, 1890 (53 & 54 Vict. c. 27); Aden, Resident's Court (August 23, 1894); Australia, High Court (April 27, 1918); Bombay, High Court (Jan. 29, 1894); Canada, Exchequer Court (March 15, 1893, and March 8, 1895); Cyprus, Supreme Court (Nov. 23, 1893 and May 31, 1910); Fiji, Supreme Court (Jan. 30, 1893, and March 10, 1894); Gibraltar, Supreme Court (Nov. 9, 1920); Jamaica, Supreme Court (Jan. 30, 1893); Karachi, District Court (Oct. 15, 1894); Lower Burma, High Court (May 10, 1905); Madras, High Court (July 30, 1928); New South Wales, Supreme Court (July 19, 1912); Queensland, Supreme Court (Oct. 15, 1894); St. Lucia, Royal Court (Oct. 13, 1910); Sind, Sadar Court (Oct. 15, 1894); Straits Settlements (Oct. 3, 1895); Trinidad and Tobago, Supreme Court (Nov. 29, 1946); Victoria, Supreme Court (Sept. 21, 1914). The rules enumerated in this note are not "Statutory Rules" within the meaning of the Rules Publication Act, 1893, and have therefore not been printed in the annual volumes of "Statutory Rules and Orders," or in the present work. The Rules have been amended as to Fees (Appendix II, p. 693 below) in the Vice-Admiralty Court of New South Wales.

'Council, from time to time establish Rules touching the practice to be 'observed in the Vice-Admiralty Courts, as also Tables of Fees to be 'taken by the Officers and Practitioners thereof for all acts to be done 'therein, and may repeal and alter all existing and all future Rules and 'Tables of Fees, and establish new Rules and Tables of Fees in addition 'thereto or in lieu thereof.'

"And whereas it appears to us to be expedient that in lieu of the rules and tables of fees now existing in the Vice-Admiralty Courts, the rules and tables of fees annexed hereto should on and from the first day of January, 1884, be established and be in force in all the Vice-Admiralty Courts.

"Now therefore it is most humbly submitted that Your Majesty will be graciously pleased by Your Order in Council to direct that all the existing rules and tables of fees in the Vice-Admiralty Courts be repealed, and that, in lieu thereof, the rules and tables of fees annexed hereto shall from the first day of January, 1884, be the rules and tables of fees for all the Vice-Admiralty Courts":

Her Majesty having taken the said Memorial into consideration, was pleased, by and with the advice of Her Privy Council, to approve of what is therein proposed. And the Right Honourable the Lords Commissioners of the Admiralty are to give the necessary directions herein accordingly.

C. L. Peel.

RULES FOR THE VICE-ADMIRALTY COURTS IN HER MAJESTY'S POSSESSIONS ABROAD.(a)

1. In the construction of these rules, and of the forms and tables of fees annexed thereto, the following terms shall (if not inconsistent with the context or subject matter) have the respective meanings hereinafter assigned to them; that is to say,—

"Possession" shall mean any colony, plantation, settlement, island, or territory, being a part of Her Majesty's dominions, but not being within the limits of the United Kingdom of Great Britain and Ireland;

"Court" shall mean any Vice-Admiralty Court now existing or which shall hereafter be established in any possession;

"Registry" shall mean the registry of the Court, or any district registry thereof;

"Judge" shall mean the Judge of the Court, or any person lawfully authorised to act as Judge thereof;

"Registrar" shall mean the registrar of the Court, or any deputy or assistant registrar thereof;

"Marshal" shall mean the marshal of the Court, or any deputy or assistant marshal thereof;

"Action" shall mean any action, cause, suit, or other proceeding instituted in the Court;

"Counsel" shall mean any advocate, barrister-at-law, or other person entitled to practise in the Court;

(a) See note (a) on page 625.

"Solicitor" shall mean any proctor, solicitor, or attorney entitled to practise in the Court;

"Plaintiff" shall include the plaintiff's solicitor, if he sues by a solicitor;

"Defendant" shall include the defendant's solicitor, if he appears by a solicitor;

"Party" shall include the party's solicitor, if he sues or appears by a solicitor;

"Ship" shall include every description of vessel used in navigation not propelled by oars only;

"Month" shall mean calendar month.

ACTIONS

2. Actions shall be of two kinds, actions in rem and actions in personam.

3. Actions for condemnation of any ship, boat, cargo, proceeds, slaves, or effects, or for recovery of any pecuniary forfeiture or penalty, shall be instituted in the name of the Crown.

4. All actions shall be numbered in the order in which they are instituted, and the number given to any action shall be the distinguishing number of the action, and shall be written or printed on all documents in the action as part of the title thereof. Forms of the title of an action will be found in the Appendix hereto, Nos. 1, 2 and 3.

WRIT OF SUMMONS

5. Every action shall be commenced by a writ of summons, which, before being issued, shall be indorsed with a statement of the nature of the claim, and of the relief remedy required, and of the amount claimed, if any. Forms of writ of summons and of the indorsements thereon will be found in the Appendix hereto, Nos. 4, 5, 6 and 7.

6. In an action for seaman's or master's wages, or for master's wages and disbursements, or for necessaries, or for bottomry, or in any action in which the plaintiff desires an account, the indorsement on the writ of summons may include a claim to have an account taken.

7. The writ of summons shall be indorsed with the name and address of the plaintiff, and with an address, to be called an address for service, not more than three miles from the registry, at which it shall be sufficient to leave all documents required to be served upon him.

8. The writ of summons shall be prepared and indorsed by the plaintiff, and shall be issued under the seal of the Court, and a copy of the writ and of all the indorsements thereon, signed by the plaintiff, shall be left in the registry at the time of sealing the writ.

9. The Judge may allow the plaintiff to amend the writ of summons and the indorsements thereon in such manner and on such terms as to the Judge shall seem fit.

SERVICE OF WRIT OF SUMMONS

10. In an action in rem, the writ of summons shall be served—

(a) upon ship, or upon cargo, freight, or other property, if the cargo or other property is on board a ship, by attaching the writ for a short time to the mainmast or the single mast, or to some other conspicuous part of the ship, and by leaving a copy of the writ attached thereto.

(b) upon cargo, freight, or other property, if the cargo or other property is not on board a ship, by attaching the writ for a short time to such cargo or property, and by leaving a copy of the writ attached thereto.

(c) upon freight in the hands of any person, by showing the writ to him and by leaving with him a copy thereof.

(d) upon proceeds in Court, by showing the writ to the registrar and by leaving with him a copy thereof.

11. If access cannot be obtained to the property on which it is to be served, the writ may be served by showing it to any person appearing to be in charge of such property, and by leaving with him a copy of the writ.

12. In an action in personam, the writ of summons shall be served by showing it to the defendant, and by leaving with him a copy of the writ.

13. A writ of summons against a firm may be served upon any member of the firm, or upon any person appearing at the time of service to have the management of the business of the firm.

14. A writ of summons against a corporation or a public company may be served in the mode, if any, provided by law for service of any other writ or legal process upon such corporation or company.

15. Where no such provision exists, a writ of summons against a corporation may be served upon the mayor or other head officer, or upon the town clerk, clerk, treasurer, or secretary of the corporation, and a writ of summons against a public company may be served upon the secretary of the company, or may be left at the office of the company.

16. If the person to be served is under disability, or if for any cause personal service cannot, or cannot promptly, be effected, or if in any action, whether in rem or in personam, there is any doubt or difficulty as to the person to be served, or as to the mode of service, the Judge may order upon whom, or in what manner service is to be made, or may order notice to be given in lieu of service.

17. The writ of summons, whether in rem or in personam, may be served by the plaintiff or his agent within six months from the date thereof, and shall, after service, be filed with a certificate of service indorsed thereon.

18. The certificate shall state the date and mode of service, and shall be signed by the person who served the writ. A form of certificate of service will be found in the Appendix hereto, No. 8.

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