SUPREME COURT (ADMIRALTY PROCEDURE) ORDINANCE, 1896

SUPREME COURT (ADMIRALTY PROCEDURE) ORDINANCE, 1896

No. 6 of 1896.

An ordinance to regulate the admiralty procedure of the
supreme court.

1. This ordinance may be cited as the supreme court
(admiralty procedure) ordinance, 1896.

2. the rules contained in the schedule shall apply to all
actions commenced in the admiralty jurisdiction of the
supreme court.

SCHEDULE
HONGKONG RULES OF PROCEDURE FOR THE
ADMIRALTY JURISDICTION OF THE SUPREME COURT.

in these rules-

1.(a) action means any action, cause, suit, or other proceeding
instituted in the court.

(b) the court means the supreme court of Hongkong and
includes any judge thereof, whether sitting in court or in chambers.

(c) defendant includes the defendant's solicitor, if he appears
by a solicitor.

(d) party includes the party's solicitor, if the sues or appears by
a solicitor.

(e) palintiff includes the plaintiff's solicitor, if he sues by a solicitor.

(f) the registrar means the registrar of the court.

As amended by law rev. ord., 1923..





(g) the registry means the registry of the court.

(h) ship includes every description of vessel used in navigation
not propelled by oars only.

Actions

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

3. Action's for condemnation of any ship, boat, cargo, proceeds,
slaves. or effects, or for recovery of any pecuniary forfeiture or penalty,
shall bo 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 distinguish-
ing 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, Forms Nos. 1, 2 and 3.

Writ of summons

5. every action shall, be Commenced by a writ of suninions, which,
before being issued, shall be indorsed with a statement of the nature of
the claim, and of the relief or remedy required, and of the amount
claimed, if any. Such Writ shall be tested in the name of the Chief
Justice and shall beat, date the day whereon the same is sued out.
Forms of the writ of summons and of the indorsements thereon will be
found in the Appendix, Forms Nos. 4, 5, 6, and 7.

6. In all action for seaman's or master's wages, or for master's
and disbursements, or for necessaries, or for hottomry, or in any,
action ill 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 summon shall be indorsed with the name and address
of the plaintiff, and with all address within the Colony, to be called an
address for service, not more Lhan 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 he left in the Registry at the time of sealing the writ.


9. The court may allow the plaintiff to ainend the writ of summons
and the indorsements hereon in such manner and on such terms as
to the Court may seem fit.





Service of writ of summons.

10. In an action in rem the writ of summons shall be sserved-

(1) upon ship, or upon cargo, freight, or other property, of 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 conspicouous
part of the ship, and by leaving a copy of the writ attached thereto;

(2) 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;

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

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

11. If access cannot be otained to the property upon 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 personsm, the writ of summons hsall 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 amy 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 croporation or a public company
may be served in the mode provided by law for service of any other
writ or legal process upon such corporation or company.

15. if the person to be served is under disability, or if for any cause
personal service cannot, or cannot promptly, be effected, or it 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 court
may order upon whom or in what manner service is to be made, or
may order notice to be given in lieu of service.

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

17. 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, form no. 8.






18. A party appearing to a writ, of summons shall file an appearance
at the placo directed in the writ.

19. A party not appearing within the time limited by the writ may,
bY consent of the other parties or by permission of the court, appear
at any, time, on such terms as the court may order.

20. If the party appearing has a set-off or counterclaim against the
plaintiff, he may indorse on his appearance a statement of the nature
thereof and of the relief or required, and of the amount, if
any, of the set-off or counterclaim. but if, in the opinion of the court.
such set-off or counterclaim cannot be conveniently disposed of in the
action, the court, may order it to be struck out.

21. The appearance sball be signed by the party appearing, and shall
state his name and address, and all address within the Colony, 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. Forms of appearance and of indorsement of
set-off or counterclain; will be found in the Appendix, Forms Nos.
9 and 10.

Parties.

22. Any number of persons having interests of the same nature
arising out of the same matter may be joined in the same action,
whether as plaintiffs or as defendants.

23. The, court may order any person who is interested in the action,
though not named in the writ of summons, to come in either as
plaintiff or as defendant.

24. for the purposes of rule 23, an underwriter or insurer shall be
deemed to be a person interested in the action.

25. The court may order on what terms any person shall come in,
and what notices and documents, if any, shall he given to and served
upon him, and may give stich further directions, in the matter as to the
court may seem fit.

Consolidation of actions.

26. Two or more actions in which the questions at issue are sub-
stantially the same, or for matters which might, properly be combined
in one action, may be consolidated by order of the court, on such
terms as may seem fit.

* As amended by Law Rev Ord., 1923.





27. The court may, in its discretion, order several actions to be
tried at the same time and on the sarne evidence, or the evidence in
one action to be used as evidence in another, or may order one of
several actions to be tried as a test action, and the other actions to he
to abide the result.

28. In an action in rem a warrant for the arrest of property may
be issued by the Registrar at the time of or at any time after the issue
of the writ of summons, on an affidavit being filed, as prescribed by
the following rules. A form of affidavit to lead warralit will be found
in the Appendix, Form No. 11.

29. The affidavit shall state the nature of the claim, and that the
aid of the court is required.

30.-(1) In an action for wages the affidavit shall also state the
national character of the ship, and, if the ship is foreign, that notice
of the action has been served upon a consular officer of the state to
which the ship belongs, if there is one resident in the Colony.

(2) In all action for necessaries, or an action by the owner, or con-
signee, or assignee of any bill of lading of any goods imported into
the colony in any ship, for damage done to the goods or any part
thereof by the negligence or misconduct of, or for any breach of duty
or breach of contract on the part of, the owner, master, or crew of the
ship, the affidavit shall also state the national character of the ship, and
that, to the best of the deponent's delief no owner or part owner of
the ship was domicited in the colony at the time of the institution of
the action.

(3) in an action between co-owners relating to the ownership,
possession, employment, or earnings of any Ship registered in the
Colony, tho affidavit shall also state the number of shares in the ship
owned by the party proceeding.

31. In all action for bottomry the bottomry bond in original, and, if
it is in a foreign language, a translation thereof. shall be produced for
the inspection and perusal of the Registrar, and a copy of the bond, or
of the translation thereof, certirled to he correct, shall be annexed to
the affidavit.

32. The Registrar may, if he thinks lit, issne a warrant, although
the affidavit does not contain all the prescribed particulars, and, in
an action for bottomry, although the bond has not, been prodticed ; or
he may refuse to issue a warrant without in order of the court.

33. The warrant shall be prepared in the Registry, and shall be
signed by the Registrar, and issued under the seal of the, court. A
form of warrant will be found in the Appendix, Form No. 12.





34. The warrant shall be served by the bailiff or his officer in the
manner prescribed by these rules for the service of a writ of summons
in an action in rem, and thereupon the property shall be deemed to be
arrested.

35. The warrant may be served on Sunday, Good Friday, or
Christmas Day, as well as on any other day.

36. The warrant shall be filed by the bailiff within one week after
thereof has been completed, with a certificate of service indorsed
thereon.

37. The cerfificate shall state by whom the warrant has been served,
mid the date and mode of service, and shall be signed by the bailiff.
A form of certificate of service will be found in the, Appendix, Form
No. 13.

38. whenever bail is required by these rules, it shall be given by
filing one or more bail-bonds, each of which shall be signed by two
sureties, unless the court, on special cause shown, orders that one surety
shall suffice.

39. Every bail-bond shall be prepared in the Registry, and shall be
signed before the registrar, or by his direction before a clerk in the
Registry, or before, a commissioner appointed by the court to take bail.
Forms of bond and commission to take bail will be found in the
Appendix, Forms Nos. 14 mid 15.

40. Sureties may attend to sign a hond either separately or together.

41. if bail is taken before a commissioner. the sureties shall justify
by affidavit.

42. The commission to take bail and the affidavits of justification
shall he prepared in the Registry, and issued with the bail-bond, and
shall, with the bail-bond, when executed, be returned to the registry
by the commissioner.

43. No commissioner shall be entitled to take bail in any action in
which he, or any person in partnership with him, is acting as solicitor
or agent.

44. before filing a bail-bond, notice of bail shall be served upon the
adverse party, and a certificate of such service shall be indorsed on
the bond by the party filing it. A form of notice of bail will be found
in the appendix, form no. 16.





45. If the adverse party is not satisfied with the sufficiency of any
surety, he may file a notice objecting to such Surety Or requiring him
to Justify, if he has not already done so. Forms of notice to justify,
of affidavit of justification, and of notice of objection to bail will be
found in the Appendix, Forms, nos. 17, 18 and 19.

Releases

46. A release for property arrested by warrant may be issued by
order of the court.

17. A relcase may also be issued by the Registrar, unless there is a
caveal outstanding against the release of the property-


(1) on payment into court of the amount claimed, or of the appraised
value of the property arrested, or, where cargo is arrested for freight,
only, of the amount of the freight verified by affidavit

(2) on one or more, bail-bonds being filed for the amount claimed or
for the appraised value of the propertyrrested ; and on proof that
twenty-four hours notice of the names and addresses of the sureties
has been previously served upon the party at whose instance the
property has been arrested :

(3) on the application of the party at wlose instance the property
has been arrested :

(4) on a consent in writing being filed, signed by the party at whose
instance, the property has been arrested

(5) on discontinuance Or dismissal of the action in which the
property has been arrested.

48. Where property has been arrested for salvage, the release
shall not be issued under rule 47, except on discontinuance or
dismissal of the action, until the value of the property arrested has
been agreed upon between the parties or determined by the court.

49. The Registrar may refuse to issue a release without the order
of the court.

50. The release shall be prepared in the registry, and shall be signed
by the Registrar, and issued under the seal of the court. A form of
release will be found in the Appendix, Form no. 20.

51. The release shall be served upon hte bailiff either personally or
by leaving it at his office, by the party by whom it is taken out.

52. on service of the release and on payment to the bailiff of all fees,
due to and charges incurred by him in respeet of the arrest and custody
of the property, the property shall be at once released from arrest.

As amended by Law Rev. Ord., 1923.





preliminary acts.

53. In an action for damage by collision, each party shall, within
one week From an appearance entered, file a preliminary act,
Sealed up signed by the party, and containing a statement of the
following parlicular,' :---
(1) the names of the ships which came into collision, and the names
of their mastels ;
(2) the time of the collision
(3) the place of the collision
(4) the direction and foree of the wind
(5) the state of the weather ;
(6) the state and force of the tidd
(7) the course and speed of the ship when the otber was, first seen
(8) the ligths if any, carried by her;
(9) the distance and hearing of the other ship when first seen
(10) the lights, if any, of the other ship which were first seen
(11) the lights, if any, of the other ship, other than those first seen,
which came into view before the collision ;

(12) the measures which were taken and when to avoid the
collision
(13) the parts of each ship which first came into collision ; and

(14) what fault or default if any, is attributed to the other ship.

54. Every action shall be hand without pleadings, unless the court
otherwise orders.

55. if an ordor is made for pleadings, the plaintiff shall, within one
week from the date of the order, file his petition, and, within one week
from the filing of the petition, the defendant shall file his answer, and,
within one week from to filing of the answer the plaintiff shall file.
his reply, if any : and there shall be no pleading beyond the reply,
except hy pernlission OV the court.

56. the defendant may, in his answer, plead any set-off or counter-
claim. But if, in the opinion of the court, such set-off or counterclaim
cannot, be conveniently disposed of in the action, the court may reply,
it to be struck out.

57. Every, pleading shall be divided into short paragraphs, numbered
consecutively, which shall state concisely the facts on which the party
relies, and shall be signed by the party filing it. Forms of plendings
will he found in the Appedix, Form No. 21.





58. It shall not he necessary to set out in any pleading the words of
any document referred to therein, except so far as the precise words of
the document are material.

59. Either party may apply to the court to decide forthwith any
quesion of fact or of law raised by any pleading, and the court shall
thereupon mice such order as may seem fit.

60. Any pleading may at any time be amended, either by consent
of the parties or by order of the court.

special case

61. Parties may agree to state the questions at issue For the opinion
Of the court in the form of a special case.

62. If it appears to the court that there is in any action a question
of law which it would be convenient to have decided in the first
instance, the court may direct that it shall be rahed in a special case
or in such other manner as may seem expedient.

63. Every special case shall be divided into paragraphs, numbered
consecutively, and shall state concisely such facts and documents as.
may be necessary to enable the court to decide tho question at issue.

64. Every special case shall be signed by the parties, and may be
filed by any party.

Motions.

65. A. party desiring to obtain an order from the court shall file a
notice of motion, with the affidavits, if any, on which he intends to
rely.

61 The notice of motion shall state he nature of the order desired,
the day on which the motion is to be made, and whether in court or
in chambers. A form of notice of motion will be found ill the
Appendix, Form No. 22.

67. Except by consent of the advenc party or by order of the court,
the notice of motion shall be filed twenty-four hours at least before the
time at which the motion is made.

68. When the motion comes on for hearing, the court, after hearing
the parties or, in the absence of any of them, on proof dud the notice
of modon has been duly served, may make such order is to the court
may Seem fit.

69. The court may, on due cause shown, vary or rescind any order
previously made.





Tender
70. A party desiring to make a tender in satisfaction of the whole or
any part of the adverse party's claim shall pay into court the amount
tendered by him, and shall file a notice of the terms on which hte
tender is made.

71. Within a week from the filing of the notice, the adverse
Shall file a notice, stating whether he accepts or rejects the tender, and,
if he does not do so, he shall be held to have rejected it. Forms of
notice of tender and of notice accepting or rejecting it will he found in
the Appendix, Forms Nos. 23 and 24.

72. Pending the acceptance or rejection of a tender, the proceedings
shall be suspended.

Shortand writer.

73. The court may order the evidence of the witnesses, whehter
examined before, the court, or the Registrar, or a commissioner, to be
taken down by a shorthand writer, who shall have been previously
sworn faithfully to report, the ovidence ; and a transcript of the short-
hand writer's notes, certified by him to be correct and approved by
the judge, Registrar or commissioner, as the case may be, shall be
lodged in or transmitted to the Registry as the certified evidence of
such witnesses.

74. The court may order that the whole of the pleadings and written
proofs, or any part thereof, Shall be printed before the frial ; and the
printing shall be in such manner and form as tbe court may order.

75. preliminary acts, if printed shall be printed in parallel columns.

76. The court on the application of any party or without any such
application, if of opinion that the nature of the case reqires it, may
appoint one or more assasors to advise the court upon any matters
requiring nautical or other professional knowledge.

77. The fees of the assessors shall be paid in the first instance by
the plaintiff, unless the court otherwise orders.

Setting down action for trial
78. All action shall he set down for Ord by filing a notice of trial.
A. form of notice of trial be found in the Appendix, Form No. 25

79. If there has not been any appearance, the plaintiff may set down
the action for trial, on obtaining Win the judge leave to proceed ex
parte.





(1) in an action in personam or an action against Proceeds in court,
after the expiration of two weeks from the service of the writ of
summons ; and,

(2) in cut action in rem (not being an action against proceeds in
court), after the expriation of two weeks froni the filing of the
warrant.

80.(1) If thero has been au appearance, either party may set,
down the action for trial-

(a) after the expiration of one week from the entry of die appear-
ance, unless an order has been made for pleadings or an application
for such an order is pending ; and

(b) if pleadings have been orderech when the last pleding has been
filed or when the time allowed to the adverse party For filing any
pleading has expired without such pleading having been filed.

(2) In a collision case tho preliminary acts may be opened as soon
to the action has been set down For trial.

81, Where the writ of summons has been indorsed with a claim to
have an account taken, or the liability has been admitted or deter-
mined, and the question is simply as to the amount due, the court
may, on the application of either party, fix a time within which the
accounch and voucher, and the proofs support thereof, shall be filed,
and at the expiration of that time, either party may have the matter
set down for tried.

Trial
82. After to action hae been set down for trial, the Registrar shall
send notice to the parties of the day on which it will be tried.

83. At the trial of it contested action the plaintiff shall in general
begin. But if the burden of proof lies on the defendant, the court
may direct the defendant to begin.

84. If there are several plaintiffs or several defendants, the Court
may direct which plaintiff or which defendant shall begin,

85. The party beginning shall first address the court, and then pro-
duce his witnesses, if any, The other party or parties shall then
address the court and produce his or their witnesses, if any, in such
order as the court may direct, and shall have a right to sum up their
evidence. In every case the party begiuning shall have the right to
rely, but shall not produce further evidence, except by permission of
the court.

86. Only one counsel shall in general be heard on each side ; but the
court, if it considers that the nature of the case requires it, may allow
two countsel to be heard on each side.





87. IF the action is uncontested, the court may give judgment on
the evidence adduced by The plaintiff.

88. The court may, in its discretion, refer the assessment of
damages and the taking of any account to the Registrar, either alone
or assisted by one or more merchants as assessors.

89. The rules as to the trial shall apply mutatis mutandis to a
reference to the Registrar, and the Registrar may adjourn the pro-
ccedings from time to time and from place to place, if he, thinks
necessary.

90. Counsel may attend the hearing of any reference, but the costs
so incurred shall not be allowed on taxation the Registrar
certifites that the attendance of counsel was necessary.

91. when a reference has been heard, the Registrar shall draw up a
report in writing of result, showing the amount, if any, found due,
and to whom, together with any further partienlars that may be
necessary. A form of report will be found in the Appendix, Form No.26.

92. When the report is ready, notice shall be sent to the parties,
and eitber party may thereupon take up and file, the report.

93. within two weeks from the filing of the report, either party may
file a notice of motion to vary the report, specifying the items objected
to.

94. At the hearing of the motion, the court may make such order
thereon as may seem fit, or may remit the matter th the Registrar for
futher inquiry or report.

95, If no notice of motion to vary the report is filed within two mmeks
from the filing of the report, the report shall stand congnned.

Costs.

91 Subject to the provisions of these rules, the costs of the whole
action, and of each particular procceding therein, and of every pro-
ceeding before the court shall be in the disention of the court; and
the court shall have full power to award and apportion costs in any
manner it may deem proper.

97. Subject to the provision of these, rules, barristers' and solicitors'
costs shall be allowed on taxation upon tho scale that is for the time
being in force in the original jurisdiction of the court.

98, where the sum in dispute or the value of the res does not excecel
one thousand dollars, half costs. only shall be charged and allowed.
In any other action the court, may, in its discretion, order that half
costs only shall be allowed.





99. Where costs are awarded to a plaintiff. sum in dispute
shall mean the sum recovered by him in addition to the sum,
if any, counterclaimed from him by the defendant ; and where costs
are awarded to a defendant, it shall mean the sum claimed from him
in addition to the sum, if any, recovered by him.

100. The court may direct payment of a lump sum in lieu of taxed
costs.

101. if any plaintiff (other than a seaman suing for his wages or for
tho loss of his clothes and effect., in a collision), or any defendant
making a counterclaim is not resident in the colony, the court may,
on the application of the adverse party, order him to give bail for costs.

102. If a tender is injected, but is afterwards accepted, or is held
by the court to be sufficient, the party rejecting the tender shall,
unless the court otherwise orders, he condemned in the costs incurred
after tender made.

103. A party desiring to have a bill of costs taxed shall file the bill
and, as soon as convenienthly may be, the Registrar shall send to the
partips notice of the time at which the taxation will take place.

104. At the time appointed, if either party is present, the taxation
Shall be proceeded with.

105. within one week from the completion of the taxation, applica-
tion may he made to the court to review the taxation.

106. Costs may be taxed either by the court or by the registrar, and
as well between solidtor and client as between party and

107 If, in a taxation between solicitor and client, more than one-
sixth is struck off, the solicitor shall pay all the costs attending the
taxation.

appraisement and sale, etc.

108. The court may, either before or after final judgmenb order any
property under the arrest of the court to bp appraised or to be sold
with or Without appraisement and either by public auction or by
private contract.
109. If the property is deterioration in value, the court may order
it to be sold forthwith.

110. If the property to he sold is of small value, the court may, in
its discretion, order it to he sold without a comwission of she being
issued.

111. The court may, either before or after final judgment order any
property under arrest of the court to be removed or any cargo under
arrest on board ship to be discharged.

As amended by law rev ord 1923.





112. The appraisement, sale, and removal of property, the discharge
of cargo, and the demolition and sale of a vessel condemned under any
Slave Trade Act shall be effected under the authority of a commission
addressed to the bailiff. Forms of commissions of appraisement, sale,
appraisement and sale, removal, discharge of cargo, and demolition
and sale will be found in the Appendix, Forms nos. 27 to 32.

113. The commission shall, as soon as possible after its execution,
be filed by the bailiff, with a return setting forth the manner in which
it, bas been executed.

114. As soon as possible after the execution of a commission of sale,
the bailiff shall pay into court the gross proceeds of the sale, and shall,
with the commission, file, his accounts and vouchers in support thereof.

(115).the Registrat shall tax the bailiff's account, and shall report
the amount at which he considers it should be allowed ; and any party
who is interested in the procceds may be heard before the Registrar
on the taxation.

116. Application may he made to the court on motion to review the
registrar's taxation.

117. The court may, in its discretion, order any property under the
arrest of the court to be inspected. A form of order for inspection
will be round in the Appendix, Form no. 33.

discontinuance.

118. The plaintiff may at any time discontinue his action, by filing
a notice to that effect, and the defendant shall thereupon be entitled to
have judgment entered for his costs of action, on filing a notice to
enter the same. The discontinuance of an action by the plaintiff shall
not, prejudice any action consolidated therewith or any counterclaim
previously Set up by the defendant, Forms of notice of discontinuance
and of notice to enter judgment for costs will be found in the
Appendix, Forms Nos. 34 and 35.

Consents.

119. Any consent in writing signed by the parties may, by per-
mission of the Registrar, be. filed, and shall thereupon become an order
of court.

appeals to the Full Court.

120. All appeals to the Full Court shall be brought by notice of
motion in a summary way. The notice of motion shall state whether
the whole or part only of the judgment or order appealed from is com-
plained of, and in the latter case shall specify such part.





121. The notice of appeal shall be served upon all parties directly
affected by the appeal, but the Full Court may direct notice of the
appeal to be served upon all or any parties to the action or upon any
person not a party, and may postpone the hearing of the appeal on
such terms as may scern just, and may give such judgment and make
such order as might have been given or made if the persons served
with such notice had been originally parties.

122. The Full Court may, in its discretion, call in the aid of one or
more assessors, whose fees shall be paid in the First, instance bY the
appellant, unless the Full Court otherwise ord-rs.

123. The Full Court shall have all powers and duties of the court as
to amendment and otherwise and full discretionary power to receive
further evidence upon questions of fact.

124. The Full Court shall have power to give any judgment and
make any order which ought to have been given or made and to make
such further or other order as the case may require, or to order a new
trial, or to make such order as to the whole or any part of the costs of
the proceedings, including the appeal, as may seem just.

125. It shall not be necessary for a respondent to give notice of
motion by way of cross appeal, but if he intends, on the hearing of the
appeal, to apply for any variation of the decision of the court below, he
shall give notice of such intention to any parties who may be, affected
by such application. The omission to give such notice may be ground
for an adjournment of the appeal or for a special order as to costs.

126. No appeal shall, except by special leave of the. Full Court, he,
brought after the expiration of one month.

127. An appeal shall not operate as a stay of execution or of pro-
ceedings under the decision appealed frorn, unless the Full Court so
orders. Any such order may be made on such conditions as the Full
Court may direct.

appeals to his majesty in council

128. A party desiring to apeal to his majesty in Council from any
decision of the Full Court shall, Within one month form the date of the
decree or order appealed from, file a notice of appeal, and give bail in
such sum, not exceeding 300, as the Full Court may order, to answer
the costs of the appeal. A form of notice of appeal will be found in
the Appendix, Form No. 36.

In Sh. John Carrington edition the following note was appended to this heading:
Rules 128-132 relate only to the proceedings to be taken in the Supreme Court of
Hongkong. As to the right of appeal and the condition attached to it,
see section 6 of the
Colonial Courts of Admiralty Act, 1890, 53 & 54 Vict. c. 27. But New Rules regulating
appeals to His Majesty in Council were issued by the Judicial Committee on 21st
December, 1908, and Additional Instructions to the Governor of Hongkong were passed
on 10th August, 1909.The former were expressly made
subject to the provisions of any statute governing the question;
the latter contain no such
limitation. It is therefore doubtful whether appeals in Admiralty are
still governed by
s. 6 of 53 & 54 Vict. c. 27.





129. Subject to any order of His Majesty in Council or of the
Judicial Committee of the Privy Council, the Full Court may proceed
to carry into effect the decree or order appealed from, provided that
the party in whose favour it has been made gives bail to abide the
event of the appeal, and to answer the costs thereof, in such sum as
the full Court may order.

130. An appellant desiring to prosecute his appeal is to take such
steps as may be required by the practice of the Judicial Committee of
the Privy Council.

131. On service, of the monition for process, the Registrar shall
forthwith prepare the process at the expense of the party ordering the
same.

132. the process, which shall consist of a copy of all the proceedings
in the action, shall be signed by the registrar and sealed with the seal
of the court, and shall be transimtted by the Registrar to the Registrar
of the Appellate Court.

payments into court.

133. All payments. into court shall be made in accordance with and
Subject to the provisions of any, Ordinance or rule of court with respect
to payments into the Supreme Court.

134. A receipt for the amount shall be filed, and thereupon the
payment into court shall be deetned to be complete.

payments out of court.

135. No money shall be paid out of court except on an order signed
by a judge. A form of order for payment out of court, will be found
in tho Appondix, Form no. 37. Subject as aforesaid, all payments
out of court shall be made in accordance with and subject to the
provision of any Ordinance or rule of court with reference to
payments out of the Supreme court.

136. Any person desiring to prevent the arrest of an property may
file a notice undertaking, within three days after being required to do so,
to give bail to any action or counterclaim that may have been or may
be brought, against the proerty, and thereupon the Registrar shall
enter a caveat in the caveat warrant book hereinafter mentioned.
Forms of notice and of caveal warrant will be found in the Appendix,
Forms Nos. 38 and 39.

127. Any person desiring to prevent the release of any property
under arrest shall file a notice, and thereupon the Registrar shall enter
a eareat in the caveat release book hereinafter mentioned. Forms
of notice and of release. will be found in the Appendix, Forms
Nos, 40 and 41.





138. Any person desiring to prevent the payment of money out of
court shall file a notice, and thereupon the Registrar shall enter a
caveat in the caveat payment book hereinafter mentioned. Forms of
notice and of caveat payment will be found in the Appendix, Form,.
Nos, 42 and 43.

139. If the person entering a caveal is not a party to the action, the
notice shall state his naine and address, and an address within three
miles of the Registry, at which it shall be sufficient to leave all docu-
ments required to be served upon him.

140. The entry of a caveal warrant shall nut, preveni the issno of a
warrant, but a party at whose instance a warrant is issued for the
arrest of any property in respect of which there is a caveal warrant
outstanding shall be condemned in all costs and damages occasioned
thereby, unless he shows, to the satisfaction of the court. good and
sufficient reason to the contrary.

141. The party at whose instance a caveal release or caveat payment
is entered shall be condemned in all costs and damages occasioned
thereby, unless he shows, to the satisfaction of the court, good and
sufficient reason to the contrary.

142. A caveat shall not remain in force for more than six months
from the date of entering the same.

143.-(1) A caveat, may at any time be withdrawn by the person at
whose instance it has been entered, on his filing a notice withdrawing
it. A form of notice of withdrawal will be found in the Appendix,
Form No. 44.

(2) The court may over-rule any caveal.

144-(1) On application by a party to whom any sum has been
found due, the court may order payment to be made out of money
in court applicable for tbe purpose.

(2) If there is no such money in court or if it is insufficient, the
court may order that the party liable shall pay the sum found due or
the balance thereof, as the case may be, within such time as to the
court may seem fit. The party to whoin the sum is due may then
obtain from the Registry, and serve upon the party liable, an order for
payment under the seal of the court. A form of order for payment
will be found in the Appendix, Form No, 45.





145. IF any person disobeys an order of the court or commits a
contempt of court, the judge may order him to be attached. A form
of athchment will he found in the Appendix, Form No. 46.

146.(1) The person attached shall, without. delay, be brought
before the court, and if he persists in his disobedience or contempt, the
court may order him to be committed. Forms of order for committal
and of committal will be found in the Appendix, Forms Nos. 47 and 48.

(2) the order for committal shall be executed by the bailiff.

Instruments, etc

147 The bailiff shall execute by himself or his officer all instruments
issued from die court which are addressed to him, and shall make
returns thereof.

148. Every warrant, release, commission attachment and other
instrument to be executed by any officer of or commissioner acting
under the authority of the court shall be prepared in the registry and
signed by the Registrar, and shall be issued under the seal of the court.

149. Every document issued under the seal of die could shall bear
date, on the day of sealing, and shall be deenled to be issued at the
time of the sealing thereof.

150. Every document requiring to be served shall be served within
six month from the date thereof, otherwise the service shall not be
instructions for the execution thereof.

151. Every instrument to be executed by the bailiff shall be left
with the bailiff by the party at whose instance it is issued, with written
instruction.-; for the execution thereof.

notices from the registry.

152. Any notice from the Registry may be either left at, or sent by
post to, the address for service of the jury, to whom notice is to be
given.

filing of documents
153. A document shall be filed by leaving the same in the Registry
with a minute stating the nature of the document and the date of
filing it. A form of munute on filing any document will he found in
the Appendix, Form no. 49.

154 Any number of documents bi the same action may be filed
with one and the same minute.





155. No document, except preliminary acts, bail-bonds. documents
issued from the Registry, and minutes, shall be filed without a certifi-
cate indorsed thereon, signed by the party filing the same, that a Copy
thereof has been served upon the adverse- if

Records of the court

156. There shall be kept in the Registry a book, to be called the
minute. book, in which the Registral; shall enter in order of date, under
the head of each action, and on a page numbered wit the number of
the action, a record of the commencenient of tho action, of all appear-
ances entered, all documents issned or filed, all acts done, and all
orders and decrees of the court, whether made by the judge, or by the
Registrar, or by consent of the parties in the action. Fornis of minute
of order of court, of minute on examination of witnesses, of illinate of
decree, and of minutes in an action for damage by collision will he
found in the Appendix, Forms Nos. 50 to 53.

157. There shall be hept in the registry a careat warrant book, a
careat release book, and a careat payment book, in which all such
caveats respectively and the withdrawal thereof shall be entered the
Registrar.

158. Any solicitor may, free of charge, inspect the minute and
caveat books.
159. The parties to in action may while the action is pending and
for one year after its termination, inspect, free of charge, all the
records in the action.

160. except as provided by rules 158 and 159 no person shall he
entitled to inspect the records in a pending action without the
permission of the Registrar.

161. In an action which is terminated, any person may, on payment
of a search fee, inspect the records in the action.

Copies.
162. Any person entitled to inspect any doennient in an action shall,
on payment of the proper charges for the Same, he entitled to an office
copy thereof under the seal Of the court.

Forms.
163. The forms in the Appendix shall be followed, with such varia-
tions as the circumstances may require, and any party using any other
forms shall be liable for my costs occasioned thereby.

Court and assessors' fees
164. Subject to the following rules, the court Fees set forth in the
Table. of Fees in the Appendix shall be taken in respect of the matters
or proceedings therein specified, and in respect of all other matters or

As amended by Law Rev. Ord---1923.





proceedings the court fees taken for similar matters or proccedings in
the original jurisdiction of the court, according to the scale for the
time being in force, shall be taken.

165. All court fees shall, unless it is otherwise provided in the
appendix, be payable in the sanic manner as they are for the time
being payable in the original jurisdiction of the court.

166. Assessors shall, subject to the provisions of these rules, be paid
the fees set forth in the Appendix,

167. All fees paid by a party to whom costs are awarded shall,
subject to the provisions of these rules, be allowed as costs on
taxation.
168. Where the sum in dispute or die value of the rex does not
exceed one thousand dollars, half fees only shall he charged and
allowed,

169. All Ordinances having reference to the practice and procedure
of to supreme Court as to discovery and the form and admission of
evidence, and as to the form and administration of oaths and declara-
tions, and as to subpoenas, and as to the form of affidavits and
declarations, and as to the examination of witnesses before trial, and
as to the time for doing any act or taking any proceeding in an action.
and as to enforeing any decree or order shall, so far as the same may
be applicable and not inconsistent with these rules, apply to proceeding-s
in the Admiralty jurisdiction. In all other cases not provided for by
these rules, the practice of the Admiralty division of the High Court
of Justice of england shall be followed.

Appendix.

1-FORMS

Forms No. 1. [Rule 1]
title of action n rem
no. [here insert the number of the action]
A.B. plaintiff
(a) The ship
or (b) The ship and freight.
or (c) The ship her cargo and freight.

or (if the action is against cargo only)







(d) The cargo ex the ship [state name of ship on board of which
the cargo now is or lately was laden].

or (if the action is against the proceeds realized by the sale of the ship
or cargo)

(e) the proceeds of the ship
(f) the proceeds of the cargo ex the ship
or as the case may be.

action for [state nature of action, whether for damage by collision
wages, bottomry, etc., as the case may be].

FORM NO. 2.
TITLE OR ACTION IN PERSONAM
NO. [here insert number of the action.]
a.b. plaintiff against

the owners of the ship , [or as the case may be].
action for [state nature of action as in form no. 1]

FORM NO. 3.

TITLE OF ACTION IN THE NAME OF THE CROWN

NO. [here insert number of the action].

our sovereign lord the king
[add, where necessary, in his office of admiralty] against

(a) the ship , or as the case may be.

(b) a.b. etc., [the person or persons proceeded against.]
action for [state nature of action].

FORM NO. 4

WRIT OF SUMMONS IN REM
in the supreme court of hongkong, admiralty jurisdiction
[L.S.] [Here insert title of action]

GEORGE, 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, emperor of india.

as amended by law rev. ord., 1923.






To the owners and all others interested in the ship

[her cargo and freight, etc,, or as the case may be].

We command yon thatone week after the service of this
writ, exclusive of the day of such service, you do cause an appearance
to be entered for you in Our Supreme Court of Hongkong in the

above-named action ; and take notice that, in default of your so doing,
the said action may proceed, and judgment may be given in your
absence.
Witness the Honourable Chief Justice of Our
said court, this day ot 19
Sealed by

memorandum be subscribed on the writ,
This writ may be served within six months from the date thereof,
exclusive of the day of such date, but not afterwards.

The defendant [or defendants] may appear hereto by entering all
appearance [or appearances], either personally or by solicitor, at the
registry of the said court.

Form No. 5 [rule 5]
writ of summons in personam.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[L.s.] [here insert title of action]
by the Grace of God, etc.

GEORGE, by the grace of god, etc.
to c.d. of and e.f., of

we command you that, within one week after the service of this
writ, exclusive of the day of such service, you do cause an appearance
to be entered for you in Our Supreme Court of Hongkong in the
above-named action ; and take notice that, in default of your so doing,
the said action may proceed and judginent may be given in your
absence.
Writness the Chief Justice of Our
said court this day, of
Sealed by Registrar.

memorandum to be subscribed on the writ
This writ may be served within six months from the date thereof,
excluive of the day of such date, but not afterwards.

The defendant [or defendants] may appear hereto by entering an
appearance [or appearances], either personally or by solicitor, at the
Registry of the Said Court.




FORM NO. 6

indorsements to be made on the writ before issue thereof.

(1) the plaintiff claims [insert description of claim as given
in Form no. 7]

(2) this writ was issued by the plaintiff in person, who resides at
-state plaintiff's place of residence, with name of street and number of
house, if any]. or

this writ was issued by C.D. or [state place of business], solicitro for
the plaintiff.

(3) all doucments required to be served upon the plaintiff in teh
action may be left for him at [insert address for service within three
miles of the registry]. or,

where the action is in the name of the crown.

(1) a.b. etc., claims [insert description of claim as given in form
no.7]
(2) this writ was issued by A.B. [state name and address of person
prosecruting in the name of the creown, or his solicitor, as the case may be].
(3) all documents required to be served upon the crown in this
action may be left at [insert address for service within three miles of the
registry.]

FORM NO. 7.

INDORSEMENTS OF CLAIM

(1) demage by collision:

the plaintiffs, as owners of the ship Mary [her cargo and freight
etc., or as the case may be] claim the sum of $ against the ship
Jane for damage occasioned by a collision which took place [state
where] on the day of , 19 : and for costs,

(2) salvage
the plaintiffs, as owners, master, and crew of the ship Mary claim
the sum of $ for salvage services rendered by them to the ship
Jane [her cargo and freight, etc., or as the case may be] on the
day of 19, in or near [state where the
services were rendered]; and for costs.

(3) pilotage:
the plaintiff claims the sum of $ for pilotage of the ship
Jane on the day of 19 from [state where
pilotage commenced] to [state where pilotage ended]; and for costs.






(4) towage:
the plaintiffs, as owners of the ship Mary claim the sum of
$ for towage services rendered by the said ship to the ship
Jane[her cargo and freight, etc., or as the case may be]; on the
day of ,19 at or neaer [state where the
services were rendered]; and for costs.

(5) master's wages and disbursements;

the plaintiff claims the sum of $ for his wages and disburse-
ments as master of the ship Mary and to have an account taken
thereof; and for costs.

(6) seamen's wages;

the plaintiffs as seamen on borad the ship Mary claim the sum of
$ for wages due to them, as follows, and for costs:-
to a.b. the mate $30 for two months wages from the day
of 19;
to c.d. able seaman $ etc., etc;
[and the plaintiff's claim to have an account taken thereof]

(7) necessaries, repairs etc.
the plaintiffs claim the sum of $ for necessaries supplied
[or repairs done, etc., as the case may be] to hte ship mary at the
port of on the day of 19, and
for costs [and the plaintiffs claim to have an account taken thereof]

(8) possession
(a) the plaintiff, as sole owner of the ship Mary of the port
of claims possesion of the said ship.
(b) the plaintiff, as owner of 48-64th shares of the ship mary of
the prot of claims possession of the said ship as against
c.d. owner of 16-64th shares of the said ship.

(9) mortgage:

the plaintiff under a mortgage date the day of
19, claims against the proceeds of the ship mary the sum of
$ of the amound due to him for principal and interest; and
for costs.

(10) claims between co-owners;
(a) the plaintiff, as part owner of the ship mary the sum of
c.d. part owner of the same ship, the sum of $ as part of the
earnings of the said ship due to the plaintiff, and to have an account
taken thereof, adn for costs.

(b) the plaintiff, as owner of 24-64th shares of the ship mary
being dissatisfied with the managemnet of the said ship by his
co-owners, claims that his co-owners shall give bail in the sum of
$ the value of his said shares, for the safe return of the said
ship to this colony.





(11) bottomry:

The plaintiff, as assignee of a bottoinry bond, dated the day
of 19 .and granted by C.D., as of the ship
Mary , of to A.B.' at the port of claims the
equivalent in Hongkong currency of the sum of against the
ship Mary, [her cargo and freight, etc., or as the ea be] as the
amount due to him under the said bond ; and for costs.
(12) -derelict
A.B. claims to have the derelict ship [her cargo, etc., or as
the case may be], condemned as forfeited to His Maiesty in his Office
of Admiralty.
(13) piracy
A.B., Commander of H.M.S. claims to have the Chinese
junk. Tecumseh and her cargo condemned is forfeited te His majesty
as having been captured from pirates.
(14) Slave trade:
A.B. Commander of H.M.S. London, claims to have the Vessel,
name unknown [together with her carcro and twelve slaves], seized In-

him on the ' day of 19, condemned as
forfeited to His Majesty, on the ground that said vessel was. at the
time of her seizure, engaged in or fitted out for the slave trade, in
violation of existing treaties between Great Britain and Zanzibm. 'or

of the. Act 5 Geo. 4, c. 113, or as the case be]
or,
C.D., the owner of the vessel [and cargo, or as
the case may be] captured by H.M.S. London on the day
of , 19 claims to have the said vessel [and cargo,
or as the case may be] restored to him [together with costs and damages
for the seizure thereof].

(15) Under Pacific islands Protection Arts:
A.B., Commander of H.M.S. Lynx claims to have the British
ship Mary and her cargo condemned as forfeited to his majesty,
for violation of the Pacific Islanders Protection Acts, 1872 and 1875.
(16) Under Foreign Enlistment Act :
A.B. claims to have the British ship Mary` ' together with the arm.,
and munitions of war on board thereof, condenined as forfeited to His
Majesty for violation of the Foreign Enlistment Act, 1870.

(17) Under. Customs Acts.,
A.B. claims to have the ship Mary [o), as the case may be]
condenined as forfeithed to His Majesty for Violation of [state Act onder
which forfeiture is clainted].
(18) Recovery of pecuniary forfeiture or penalty:
A.B. claims judginent against the defendant for penalties for viola-
tion of [state act or Ordinance onder which. penaltlies are claimed.]




FORM NO.8
CERTIFICATE OF SERVICE TO BE INSORSED ON THE WRIT AFTER
SERVICE THEREOF.

this writ was served by X.Y. [here state the mode in which the service
was effected, whether on the owner, or on the ship, cargo. or freight, etc.,
as the case may be] on the day of 19
(signed) X.Y.

FORM NO. 9
APPEARANCE

(1) by defendant in person.
in the supreme court of hongkong, admiralty jurisdiction.
[title of action]

take notice that i appear in this action
dated the day of 19
(signed) c.d defendant
my address is
my address for service is

APPEARANCE
(2) by solicitor for defendant
in the supreme court of hongkong, admiralty jurisdiction
[title of action]

take notice that I appear for C.D. of [insert address of C.D] in
this action

dated the day of 19
(Signed) X.Y. Solicitor for C.D.

my place of business is
my address for service is

FORM NO. 10

INDORSEMENT OF SET-OFF OR COUNTERCLAIM

the defendant [or, if he is one of several defendants, the defendant
C.D] owner of the ship mary [or as the case may be] claims from
the plaintiff [or claims to sert off against the plaintiff's claim] the sum
of for[state nature of the ser-off or counterclaim] the sum
or remedy required as in Form no. 7, mutatis mutandis]; and for costs.





FORM NO. 11
AFFIDAVIT TO LEAD WARRANT
IN THE SUPREME COURT OF HONGKONG ADMIRALTY JURISDICTION.

[TITLE OF ACTION]

I, a.b. [state name and address] make oath and say that I have a
claim against the ship mary for [state nature of claim].

and i further make oath and say that the said claim has not been
satisfied, and that the aid of this court is required to enforce it.

On the day of , 19, the
said A.B. was duly sworn to the truth of (Signed) A.B.
this affidavit at

before me,
E.F. etc or

where the action is in the name of the crown
I, A.B. etc., [state name and address of person suing in the name of
the crown] make oath and say that I claim to have the ship mary
and her cargo [or the vessel, name unknown or the cargo ex the ship
mary etc., or as the case may be] condemned to his majesty-

(a) as having been fitted out for or engaged in the slave trade in
violation of [state act or treaty alleged to have neen violdated];

or (b) as having been captured from pirates'
or (c) as having been found derelict;
or (d) for violationof [state act or ordinance alleged to have been
violated, or as the case may be],
I further make oath and say that the aid of this court is required to
enforce the said claim.

On the day of ,19, the
said A.B. was duly sworn to the truth of (signed) A.B.
this affidavit at

before me E.F. etc

FORM NO. 12 [RULE 33.]
WARRANT
in the supreme court of hongkong admiralty jurisdiction

[title of action]

GEORGE, by the grace of god, etc.

to the bailiff of ourt supreme court of hongkong
we hereby command you to arrest the ship [her cargo and
freight, etc., or as the case may be], and to keep the same under safe




arrest, until you shall receiver further orders from Us.

given at in our said court under the seal thereof, this
day of ,19
warrant
taken out by

(signed) registrar

FORM NO. 13.
CERTIFICATE OF SERVICE TO BE INDORSED ON THE WARRANT
AFTER SERVICE THEREOF.

this warrant was served by [state by whom and in what mode service
was effected] on day, the day of , 19
(signed) G.H.
bailiff

FORM NO. 14

BAIL-BOND
IN THE SUPREME COURT OF HONGKONG , ADMIRALTY JURISDICTION
[TITLE OF ACTION]

know all men by these presents that we [insert names, addresses,
and descriptions of the sureties in full] hereby jointly and severally
submit ourselves to the jurisdiciton of the said court, and consent that
if the said [insert name of party for whom bail is to be given, and state
whether plaintiff or defendant,] shall not pay what may be adjudged
against him in teh above-named action, with costs [or, for costs, if bail
is to be given only for costs] execution may issue against us, out heirs,
executors, and administrators, goods and chattels, for a sum not
exceeding [state sum in letters] dollars.

this bail-bond was signed by the
said and
the signatures of suretics.
sureties, teh day of 19
in the registry of the supreme court
of hongkong [or as the case may be],

before me,
E.F. registrar

[or deputy registrar, or commissioner to take bail,
as the case may be.]





FORM NO. 15
COMMISSION TO TAKE BAIL
in the supreme court to hongkong, admiralty jurisdiction
[l.s.] [title of action]

george, by the grace of god,etc.
to [state name and description of commissioner], greeting

whereas in the abover-named action bail is required to be taken on
behalf of [state name of party for whom bail is required to be taken on
plaintiff or defendant] in the sum of [state sum in letters] dollars, to
answer judgment in the said action:

we therefore hereby authorise you to take such bail on behalf of
the said from two sufficient sureties, upon the bail-bond
hereto annexed, and to swear the said sureties to the truth of the
annexed affidavits as to their sufficiency, in the form indorsed hereon.

and we command you that, upon the said bond and affidavits being
duly executed and signed by the said sureties you do transmit the
same, attested by you, to the registry of our said court.

given at in our said court, under the seal thereof
this day of 19
commission to take bail
taken out by

Signed e.f. registrar

form of oath to be administered to each surety
you swear that the contents of the affidavit, to which you have
subscribed your name, are true.
so help you god

FORM NO. 16 [RULE 44]
NOTICE OF BAIL
IN THE SUPREME COURT OF HONGKONG , ADMIRALTY JURISDICTION
[TITLE OF ACTION]

take notice that I tender the under-mentioned persons as bail on
behalf of [state name, address, ir description of party for whom bail
is to be given and whether plaintiff or defendant] in the sum of [state
sum in letters and figures] to answer judgment in this action [or
judgment and costs, or costs only, or as the case may be].

name address and descriptions of




FORM NO . 17
NOTICE TO JUSTIFY
IN THE SUPREME COURT OF HONGKONG ADMIRALTY JURISDICTION
[title of action]
take notice that I require [state name, address, and description of
surety or sureties required to justify] to justify by affidavit his [or their]
sufficiency as a surety [or sureties] in the above-named action

dated the day of 19
(signed) A.B
FORM NO. 18. [RULE 45.]
AFFIDAVIT OF JUSTIFICATION
IN THE SUPREME COURT OF HONGKONG . ADMIRALTY JURISDICTION

[TITLE OF ACTION]

I [state name, address and description of surety] one of the proposed
sureties for [state name, address, and description of person for whom
bail is to be given] make oath and say that I am worth more than the
sum of [state in letters the sum in which bail is to be given] dollars after
the payment of all my debts.

On the day of
19, the said
was duly sworn to the truth of this affidavit
at signature of surety
before me
e.F. registrar
[or commissioner, as the case may be]

FORM NO. 19
NOTICE OF OBJECTION TO BAIL
IN THE SUPREME COURT OF HONGKONG, ADMIRALTY JURISDICTION

[TITLE OF ACTION]

Take notice that I object to the bail proposed to be given by [state
name, address and description of surety or sureties objected to ] in the
above-named action.

date the day of 19

(signed) A.B.






FORM NO. 20.

RELEASE
IN THE SUPREME COURT OF HONGKONG, ADMIRALTY JURISDICTION
[L.S.] [TITLE OF ACTION]

GEORGE, by the grace of god, etc.
to the bailiff of our supreme court of hongkong greeting
whereas by our warrant issued in the above-named action on the
day of 19, we did command you to
arrest [state name and nature of property arrested] and to keep the
same under safe arrest until you should receiver further orders from
Us : we do hereby command you to release the said [state name and
nature of property to be released] from the said arrest upon payment
being made to you of all fees due to and charges incurred by you in
respect fo the arrest and custody thereof.

given at , in our said court, under the seal thereof, this
day of 19
release,
taken out by (signed) e.f. registrar

FORM NO. 21
PLEADINGS
(1) in an action for damage by collision:
a (the atlantic)
petitions
in the supreme court of hongkong, admiralty jurisdiction
[title of action]

writ issued 19
1.shortly before 7 p.m. on the 31st January, 1903. the brig
anthes, of 234 tons register, of which the plaintiff, george de
garis, was then owner, whilst on a voyage from cardiff to granville.
in france, laden with coals, and manned with a crew of nine hands, all
told, was about fifteen miles S.E. 1/2 E from the lizard light.

2. the wind at the time was about E.N.E. a moderate breeze, the
weather was fine, but slighty hazy, and the tide was about slack water,
and of little force. the anthes was sailing under all plain sail,
close hauled on the port tack, heading about S.E. and proceeding
through the water at the rate of about five knots per hour. Her proper
regulation side sailing lights were duly placed and exhibited and burn-
ing brightly, and a good look-out was being kept on board of her.






3. at that time those on board the anthes observed the red light
of a sailing vessel, which proved to be the altantic at the distance of
about from one mile and a half to two miles fodrm the anthes and
bearing about one point on her port bow. The antes was kept
close hauled bythe wind on the port tack. The atlantic exhibited
her green light and shut in her red light, and drew a little on to the
starborad bow of the anthes, and she was then seen to be approach-
ing and causing immediate dunger of collision. the helm of the
anthes was thereupon put hard down, but the atlantic, although
loudly bailed from the anthes, ran against and with her stem and
starboard nbow struck the starborad quarter of the anthes abaft the
main rigging, and did her so much damage that the anthes soon
afterwards sank, and was with her cargo wholly lost, and four of her
hands were drowned.

4. there was no proper look-out kept on board the atlantic.

5. those on board the altantic improperly neglected to take in
due time proper measures for avoiding a collision with the anthes.

6. the helm of the atlantic was proted at an improper time.

7. the said collision, and the damages and losses ocnsequent thereon,
were occasioned by the negligent and improper navigation of those on
board the atlantic.

the plaintiff claims

1. a declaration that he is entitled to the damage proceeded for.

2. the condemnation of the defendants [and their bail] in such
damage and in costs.

3. to have an account taken of such damage, with the assistance of
merchants.

4. such further or other relief as the nature of the case may require.

dated the day of 19
(signed) a.b. plaintiff

ANSWER AND CONTERCLAIM
IN THE SUPREME COURT OF HONGKONG, ADMIRALTY JURISDICTION

[TITLE OF ACTION]

1. the defendants are the owners of the swedish barque atlantic
of 988 tons register, carrying a crew of nineteen hands all told, and, at
the time of the circumstances hereinafter stated, bound on a voyage to
cardiff.





2. A little before 6.30 p.m. of the 31st January 1903. the atlantic
was about fifteen miles S.E. by S. of the lizard. the wind was
E.N.E. the weather was hazy. the atlantic under foresail, fore
and main topsails, main topgallant sail, and jib, was heading about
W.S.W. making form five to six knots and hour, with her regulation
lights duly exhibited and burning, and a good look-out being kept on
board her.

3. In these circumstances, the red lights of two vessels were
observed pretty close together, about half a mile off, and from two to
three points on the starboard bow. The helm of tho Atlanrie ' was
put to port in order to pass on the port sides of these vessels. one
however, of the vessels, which was the anthes, altered her course,
and exhibited her green light and caused danger of collision. The
helm of the atlantic was then ordered to be steadied, but before
this order could be completed was put hard-a-port. the anthes
with her starboard side by the main rigging, struck the stem of the
Atlantic and shortly afterwards sank, her master and four of her
crew being saved by the atlantic.

4. Save as hereinbefore adinitted, the several swoments in the
petition are denied.

5. The Anthes was not kept on her course as required by law.

6. The helm of the Anthes was improperly starboarded.

7. The collision was caused by one or both of the things stated in
the fifth and sixth paragraphs hereof,or otherwise by tbe negligence
of the plaintiff or of those on board he Anthes.

8. The collision was not caused or contributed to by the defendants
or by any of those on board the ',Atlantic _.

And by way of counterclaim the defendants say.

They have suffered great damage by reason of the Collision.

And they claim as follows

1. judgment against the the plaintiff [and his bail] for the damage
occasion to the defendants bythe collision, and for the costs
of this action.

2.To have an account taken of such damage, wIth the assistance
of merchants.

3. Such Further and other relief as the nature of the (use may
require.

Dated the day of 19

(Signed) C.D., etc., Defendants.





REPLY

IN THE SUPREME COURT OF HONGKONG ADMIRALTY JURISDICITON
[TITLE OF ACTION]

the plaintiff denies the several statements contained in the answer
and counterclaim, [or admits the several statements contained in
paragraphs and of the answer and counterclaim, but denies
the other statemnts contained therein]

date the day of 19
signed a.b. plaintiff

b(the judlia david)
petition
in the supreme court of hongkong admiralty jurisdiction
(title of action)

writ issued 19
1. at about 2 a.m. on the 4th september, 1905, the steamship
sarpedon, of 1,556 tons register and 225 horse-power, of which the
plaintiffs were owners, whilst on a voyage from shanghai and other
ports to london, with a cargo of tea and other goods, was about 80
miles south-west of ushant.

2. the wind at such time was about south-west, the weather was a
little hazy and occasionally slightly thick, and the sarpedon was
under steam and sail, steering north-east, and proceeding at the rate
of about ten knots per hour. Her proper regulation mast-head and
side lights were duly exhibited and burning brightly, and a good look-
out was being kept.

3. at such time the mast-head and red lights of a steam vessel,
which proved to be the above-named vessel julia david were seen
at the distance of about two miles from and ahead of the sarpedon,
but a little on her port bow. the helm of the sarpedon was port-
ed and hard-a-ported, but the julia david opened her green light
to the sarpedon, and, although the engines of the sarpedon
were immediately stopped and her steam-whistle was blown, the
julia david with her stem struck teh sarpedon on her port
side, abreast of her red light, and did her so much damage that her
master and crew were compelled to abandon her, and she was lost
with her cargo. the judlia daivd went away without rndering
assistance to those on board the sarpedon, and without rendering
signals which were made by them for assistance.

4. those on board the julia david neglected to keep a proper
look-out.
5. those on board the julia david neglected to duly port the
helm of the julia david.
6. the helm of the julia david was improperly starboarded.




7. The Julia David did not duly observe and comply with the
provisions of Article 16 of the Regulations for Preventing Collisions
at Sea.

8. The said collision was occasioned by the improper and negligent
navigation of the Julia David.

The plaintiffs claim-
1. A declaration that they are entitled to the damaage proceeded for,
and the condemnation of of the said steamship Julia Rivid and the
defendants therein, and in costs.
2. To have an account taken of such damage, with the assistance of
merchants.
3. Such further and other relief as the nature of the case may
require.

Dated the day of

(Signed.) A. B, Plaintiffs.

ANSWER AND COUNTERCLAIM.

In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[title of action]
1. The defendants are the owners of the Belgian screw steaniship
Julia David , of about 1,274 tons register, and,worked by engines
of 140 horse-power nominal, with a crew of thirty hands, which left
Havre on the 2nd September, 1905, with a creneral cargo, bound to

Alicante and other ports in the Mediterranean.
2. About 2.45 a.m. of the 4th September, 1905, the Julia David
in the course of her said voyage, was in the Bay of Biscay. The
weather was thick, with a drizzling rain and banks of fog, and a stiff
breeze blowing from S.S.W., with a good deal of sea. The Julia
David , under steam alone, was steering S.S.W. 1/2W by bridge steer-
ing compass, or S.W.W. magnetic, and was making about five knots
in hour. Her regulation lights were duly exhibited and burning
brightly, and a good look out was being kept on board her.

3. In the circumstances aforesaid, those on bonrd tbe
David saw the green and mast-head lights of a steamship, the
Sarpedon , about two miles off, and about two points on the star-
board bow,. The Julia David was kept on her course. But after
a short time the Sarpedon opened her red light and caused danger
of collision. The helm of the julia David was thereupon put
hard-a-port, and her engines stopped and almost immediately reversed
full speed, but, nevertheless, the Sarpedon caine into collision
with the Julia David , striking with the port side her stem and port
bow, and doing her considerable damage.





4. The vessels separated immediately. The engines of the Julia
David were then stopped, and her punips sounded. She was making
much water, and it was found necessary to turn her head away from
the wind and see As soon as it could be done without great danger,
she was steanied in the direction in which those on board her believed
the Sarpedon to be, but when day broke and no traces of the
- Sarpedon could he discovered, to search was given up, and the
Julia david being in a very disabled state, made her way to a port
of refuge.
5. save as hereinbefore appears, the several statements contained in
the petition are denied.
6. A good look-out mats not kept on board the
7. The helm of the Sarpedon was improperly ported.
8, Those on board he Sarpolon improperly neglected or omitted
to keep her on her course.
9. Those on hoard he Sarpedon did not observe the provisions
of Artiele 16 of he Itegulations for Preventing Collisioris at sea.
10. the collision was occasioned by some or all of the matters and
things alleged in the 6th, 7th, Sth, and 9th paragraphs hereof, or
otherwise by the default of the Sarpedon or those on board her.
11 No blame in respect of the collision is attributable to the Julia
David or to any of those on board her.
And by way of counterclaim the defendants say that the collision
caused great damage to the Julia David.
And they claim-
1. The condemnation of the plaintiffs [and their bail] in the damage
caused to the Julia David. and in the costs of this action.
2. To have an amount taken of such damage, with the assistance of
merchants.
3. Such further and other rehef as the nature of the case may
require.
Dated the day of 19
(Signed.) C,D., etc., Defendants.

REPLY.
In the supreme court of hongkong, Admiralty Jurisdiction.
[title of action]
The plaintiffs deny the several statements coutained in the answer
and counterclaim [or as the case may be].
Dated the day of 19
(Signed.) A.B., etc, Plaintiffs.





(2) In an action for salvage

a, ( The crosby)

PETITION.

In the Supreme Court ot Hongkong, Admiralty Jurisdiction,

Title of action

Writ issued ' 19

1. The Asia is an iron screw steamship of 902 tolls not register
tonnage, fitted with engines of 120 horse-power nominal, is of the value
of $150,000, and was, at the time, of the services hereinafter stated,
manned with a crew of twenty-three hands under the command of
George Hook Bawn, her master.

2. At about 9 a.m. on the 29th April, 1907, while the Asia,
which was in ballast proceeding on a voyalre to Nikolaev to load a cargo
of grain, was between Odessa and Ochakov, those on board her saw
a steamship ashore on a bank situated about tell miles, to the westward
of Ochakov. The Asia immediately stealned, in the direction of' the
distressed vessel, which made signals for assistance..


3 On nearing the distressed vessel, which proved to be the
Crosby , one of the Asia's boats was sent to the Crosby , in
charge of the second mate of the Asia, and subsequently the
master of the Crosby boarded the Asia , and at the request of
the master of the Crosby the master of the Asia agreed to
endeavour to tow the Crosby afloat.

4. The Crosby at this tinic was fast aground, and was lying with
her head about N.N.W.

5. The master of the Asia having ascertained from the master of
the Crosby the direction in which the Crosby had got upon
the bank, the Asia- steamed up on the starboard side of the Crosby
and was lashed to her.

6.. The Asia then set on ahead and attempted to tow the
Crosby afloat, and so continued towing without effect until the
hawser which belonged to the Asia broke.

7. The masters of the two vessels being then both agreed in opinion

that it would be necessary to lighten the Crosby before she could

be got afloat, it was arranged that the cargo from the Crosby should
be taken on board the Asia .

8. The Asia was again secured alongside the Crosby , and, the
hatches being taken off, cargo was then discharged from the ' Crosby '
into the Asia and this operation was continued until about 6 p.m.,
by which time about 100 tons of such cargo had been so discharged.





9. when this had been done both vessels used their steam, and the
asis tried again to get the croshy off, but wihtiut success.
the asia then towed with a hawser ahesad of the grosy, and
succeeded in getting her afloat, upon which the crosby steamed to
an anchorage and then brought up.

10. the asia steamed after the crosby and again alongside
of her and commenced putting the transhipped cargo again on board
the crosby, and continued doing so until about 6 a.m. of the 30th
april, by which time the operation was completed, and the crosby
and her cargo being in safety the saia proceeded on her voyage.

11. by the services of the plaintiffs the crosby and her cargo
were rescued fdrom a very dangerous and critical position, as, in the
event of bad weather coming on whilst she lay aground, she would
have been in very great danger of being lost with her cargo.

12. the asia encountered some rishk in being lashed alongside
the crosby, and she ran risk of also getting aground and of losing
her charter, the blockade of the port of Nikolaev being at the time
imminent.

13. the value of the hawser of the asia broken as herein stated
was $400.

14. the crosby is an iron screw steamship of 1,118 tons net
(1,498 gross) register tonnage. As salved, the crosby and her
cargo and freight have been agreed for the purposes of this action at
the value of $41,092.

the plaintiffs claim-

1. such an amount of salvage, regard being had to the said agree-
ment, as the court may think fit to award.

2. the condemnation of the defendants [and their bail] in the
salvage and in costs.

3. such further and other relief as the case may require.
dated the day of 19
(signed) A.B. etc., plaintiffs.

ANSWER
IN THE SUPREME COURT OF HONGKONG , ADMIRALTY JURISDICITON.

[TITLE OF ACTION]

1. the defendants admit that the statement of facts contained in
the petition is substantially correct, except that the reshipment of the
cargo on board the crosby was completed by 4 a.m. on the 30th
april, 1907.

2. the defendants submit to the judgment of the court to award
such a moderate amount of salvage to the plaintiffs in the circum-
stances aforesaid as to the said court shall seem meet.

dated the day of 19
(signed) C.D. etc., plaintiffs.






REPLY
IN THE SUPREME COURT OF HONGKONG, ADMIRALTY JURISDICTION

[title of action]
the plaintiffs deny the statement contained in the 1st paragraph of
the answer, that the shipment of the cargo was completed by 4 a.m.
on the 30th april, 1907.

date the day of 19
(signed) A.B. etc., plaintiffs.

b (the newcastle)
petition
in the supreme court of hongkong, admiralty jurisdiction
[title of action]

writ issued 19

1. the emu is a steam tug belonging to the whitby steam
boat company, of six tons register. with engines of 40 horse-power
nominal, and was at the time of the services hereinafter stated, manned
by a crew of five hands.

2. just before midnight on the 22nd july, 1906, when the emu
was lying in whitby harbour, her master was informed that a screw
steamship was ashore on kettleness point. he at once got up steam.
but was not able, owing to the tide, to leave the harbour till about
1.45 a.m. to the 23rd.

3. about 2 a.m. the emu reached the screw steamship, which
was the newcastle, and which was fast upon the rocks, with a
kedge and warp out. the wind was about N., blowing fresh; the sea
was smooth, but rising; the tide was flood.

4. the master of the emu offered his services, which were at first
declined by the master of the newcastle; shortly afterwards the
kedge warp broke and the newcastle swung square upon the
land and more upon the rocks. the master of the newcastle then
asked the master of the ema to tow him off, and, after some
conversation, it was agreed that the remuneration should be settled on
shore.

5. about 3 a.m. those on board the emu got a rope from the
newcastle on board, and began to tow. after some towing this
rope broke. the tow line of the newcastle was then got on board
the emu, and the emu kept towing and twisting the newcastle
but was unable to get her off till about 5 a.m. when it was near high
water. the master of the emu then saw that it was necessary to
try a click or jerk in order to get the newcastle off, and accordingly,
at the risk of straining his vessel. he gave a strong click in a northerly
direction, and got the newcastle off.







6. The master of the Emu then asked if the Newcastle was
making water, and told a little. only, but is he saw that, the hands
wore at the pumps, he kept the Emu by the Newcastle until she
was abroast of Whitby. he then inquired again if any assistance was
wanted, and being told that the Newcastle was all right and would
proceed on her voyaage he steamed the Emu back into Whitby
harbour about 7 a.m.

7. About 8 a.m. a gale from N.E., which continued all that day and
the next, catne on to blow with a high sea, If the -NTewcastle had not
been got off before the gale came on, she would have gone to pieces on
the rocks.

8. by the aforesaid the -Newcastle and her cargo and the
lives of those on board her svere saved from total loss.

9. The Newcastle is a steamship of 211 tons register, and
was bomid from Newcastle. to hull with a general cargo and 19
passengers . The value of the newcastle her cargo and freight,
including passage money, is as follows

The Newcastle , $30,000 ; her cargo, $15,000; freight and passage
money, $650 in all, $45,650.

The plaintiffs claim--

1. The condemnation of the defendants [and their bail] in such an
amount of salvage remuneration a, to the court may seem just, and in
the, costs of this action.

2. such further and other relief as the nature of the case may require.

Dated the day of 19
(Signed.) A,B, etc., Plaintiffs.

in the Supreme Court of Hongkong, Admiralty Jurisdiction.

[Title of action]

1. at about 6.45 p.m. on the 22nd july, 1906, the iron screw steam-
ship newcastle, of 211 tons register, propelled by engines of 45 horse-
power, and manned by 12 hands, her master included, whilst proceeding
on a voyage from newcastle to hull with cargo and passengers, ran
aground off kettleness point, on the coast of yorkshire.

2. the tide at this time was the first quarter ebb, the weather was
calm, and the sea was smooth, and the newcastle, after grounding as
aforesaid, sat upright and lay quite still, heading about E.S.E. efforts
were then made to get he newcastle again afloat by working her
engines, but it was found that this could not be done in the then state
of the tide.





3. At about 10 p.m. of the said day a kedge, with a warp attached to
it, was carried out from the Newcastle by one of her own boats and
dropped to seaward, and such warp was afterwards hove taut and
secured on board the Newcastle , with the view of its being hove upon
when the flood the made. Several cobles came to the newcastle
from Runswick, and the men in them offered their assistance, but their
services, not being required, were declined.
4. At about 2 a.m. of the following morning. the steam tug-
whose owners, waster, and crew ate the plaintiffs in this action, came
to the newcastle and offered assistance, which was also declined.

5. The flood tide was then making, and by about 2.445 a.m. the
newcatle had floated forward, and attempts were made to get the
stern of the newcastle also afloat, and the warp attached to the afore-
said kedge was attempted to be hove in, but the said warp having
parted, the master of the newcastle endeavoured ineffectually to make
an agreement with the master of the emu to assist in getting the
newcastle afloat, and at about 3 a.m. a rope was given to the
emu from the prot bow of the newcastle, and directions were
given to he emu to keep the head of the newcastle to the
eastward in the same way as it had been kept by the aforesaid kedge
anchor and warp, the emu then set ahead and almost immediately
the said ripe was broken. a coir hawser was thereupon given to the
emu, and those on board her were directed not to put any strain on
it, but to keep the emu paddling ahead sufficiently to steady the
head of the newcastle, and to keep her head to the eastward. this
the emu did and continued to do until about 4.45a.m. when the
newcastle, by means of her own engines, was moved off from the
ground, and the dmu was brought broad on the port bow of
the newcastle, and the emu had to stop towing and to shift the
let go oln borad the emu and it was then hauled in on board the
newcastle. the newcastle, under her own steam, then commenced
proceding south, the wind at the time being N.N.W. and light, and
the weather fine. It was afterwards ascertained that the newcastle
was making a little water in her aferhold, and her hand pumps were
then worked, and they kept the newcastle free.

6. the emu proceeded back with the newcastle as far as
whitby, and the newcastle then continued on her voyage and
arrived in the humber at about 2.45p.m. of the same day.

7. during the time aforesaid the master, crew, and passengers of
the newcastle remained on board the newcastle, and no danger
was incurred in their so doing.

8. save as herein appears, the defendants deny the truth of the
several statements contained in the petition.



6. The Emu proceeded back w11,11 I'lle ', ', as l*al. as
Whitby, and the Newcastle then continued on her and
,trri~,ed in the Htimber ,it about 2.45) p.m. of the same day.

7. During the time aforesaid the master, crew, and passengers of
m
the Newcastle remained on board the Newcastle , and no danger
was incurred in their so doin.-,

8. Save as herein appears, the defendants deriY the trkith of the
several statements contained iii the petition.





9. The defendants have paid into court and tendered to the plaintiffs
for their services the sum of $1,000 and have offered to pay their costs,
and the defendants submit that such tender is sufficient.
Dated the day of 19

(Signed.) C.D., etc., Defendants.

(3) in an, action for distribution of salvage.
the Suprolne Court. of Hongkong, AdmiraIty Jurisdiction.
[Title of action.]
Writ issued
1. Describe briefly the salvage services, stating the part taken in thein.
by the plaintiffs, and the capacity in which they were serving.
2. The sum of $ has been paid by the owners of the ship,
etc., [state name of ship or other property salved] to the defendants,
as owners of the ship [state name of salving ship], and has been
accepted by them in satisfaction of their claim for salvage, but the said
defendants have not paid, and refuse to pay, any part of that sum to
the plaintiffs for their share in the said salvage services.
the plaintiffs claim--
1. An equitable share of the said sum of $ to be
apportioned among thein as the court, shall think fit, and the costs of
this action.
2. Such other relief as the nature of the case may require.
Dated the day of 19
(Signed.) A.B., etc., Plaintiffs.

(4) in an action for master's wages and disbursements:
a. ( The Princess
PETITION.

in the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of action.]
Writ issued 19
1. The plaintiff, on the 10th February, 1907, was appointed by the
owner of the British barque Princess , proceeded against in this
action, master of the said barque, and it was agreed between the
plaintiff and the said owner that the wages of the plaintiff as master
should be $100 per month.
2. The plaintiff acted as master of the said barque from the said
10th February until the 25th October, 1907, and there is now due to
him for his wages as master during that time the sum of $850.





3. The plaintiff, as master of the said barque, expended various
sums of money for necessary disbursements on account of the said
barque ; and there is now due to him in respect of the same a balance
of $350.

The plaintiff claims-
1. A decree pronouncing the said sums, amounting in the whole
to $ 1,200, to be due to him for wages and disbursements, and
directing the said vessel to be sold and the amount due to him
to be paid to him out of the proceeds.
2.Such further and other relief is the nature of the case may
require.

Dated the day of 19

(Signed.) A.B, Plaintiff.

b. (the northumbria)

PETITION.
In the Supreme Court of Hongkong, admiralty jurisdiction
[title of action]
Writ issued 19

1. In or about the month of July, 1905, the plaintiff was engaged

by the owners of the British ship Northumbria to serve on board
her as her master, at wages after the rate of $130 per month, and he
entered into the service of the said ship as her master accordingly., and

thenceforward served on board her in that capacity and at that rate of
wages until he was discharged as hereinafter stated.
2. When the plaintiff so entered into the service of the said ship
she was lying at the port of North Shields in the county of northum-
berland, and she thence sailed to Point de Galle, and thence to divers
other ports abroad, and returned home to Cardiff, where she arrived
on the 1st October, 1907.
3. The Northumbria, after having received divers repairs at
Cardiff left that port on the 5th November, 1907, under the command
of the plaintiff on a voyage, which is thus described in the ship's
articles signed by the plaintiff and her cress. before coniniencing the
sarne, viz., A voyage from Cardiff to Bahia or Pernambuco, and any
ports or places in the Brazils, or North or South America, United
States of America, Indian, Pacific, or Atlantic Oceans, China or
Eastern Seas, Cape Colonies, West Indies, or Continent of Europe,
including the Mediterranean Sea or Seas adjacent, to and fro, if
required, for any period not exceeding three years, but finally to a
port of discharge in the United Kingdom or Continent of Europe.
4. The Northumbria, after so leaving Cardiff, met with bad weather
and suffered damage, and was compelled to put back to Falmouth for
repairs before again proceeding on her voyage.





5). The plaintiff was ready and willing to continue in the service of
the Northumbria , and to perform his duty as her master on and
during the sald voyage, but the defendants, the owners of the
northumbria, wrongfully and without reasonable cause discharged
the plaintiff on the 23rd November from his employment as master, and
appointed another person as master of the Northumbria on the said
voyage in the place of the plaintiff, and thereby heavy damage and loss
have been sustained by the plaintiff.
6. The. plaintiff, whilst he acted as master of the Northumbria
earned his wages at the rate aforesaid ; and he also, as such master,
made divers disbursements on account of the Northumbria ; and there
was due and owing to the plaintiff in respect of such his wages and
disbursements at the time of his discharge a balance of $1,080, which
sum the defendants without sufficient cause have. neglected and reflised
to pay to the plaintiff.

The plaintiff claims-
1 Payment, of the sum of $1,080, the balance due to the plaintiff
for his wages and disbursements, with interest thereon.
2. Pamaoles in respect of his wrongful discharge by the defendants.
3.The condemnation of the defendants [and their bail] in the
amounts claimed by or found due to the plaintiff.
4,To have an account taken [with the assistance of merchants] of
the amount due to the plaintiff in respect of his said wages and
disbursements, and for damages in respect of such wrongful
discharge.
5.Such further and other relief as the nature of tbe case
require.
Dated the day of 19

(Signed.) A.B., Plaintiff.

ANSWER.

In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of action.]
1. The defendants admit the statements made in the 1st, 2nd, 3rd,
and 4th paragraphs of the plaintiff's petition.
2. Whilst the Northumbria was upon her voyage in the said 3rd
paragraph mentioned, and before and until she put into Falmouth, as in
the said 4th paragraph mentioned, the plaintiff was frequently under the
influence of drink.
3. Purincr the night ofthe 10th November, 1907, and the morning of
the 11th November, 1907, whilst a violent gale was blowing and the
ship was in danger, the plaintiff was wholly drunk and was incapable of
attending to his duty as master of the said ship; and in consequence
of the condition of the plaintiff much damage was done to the said ship,
and the said ship was almost put ashore.





4. The damage in the 4th paragraph of the petition mentioned was
wholly or in part occasioned by the drunken condition of the plaintiff
during the said voyage from Cardiff to Falmouth.

5. The defendants, having received information of the above facts on
the arrival of the said ship at Falmouth, and having made due inquires
concerning the same, had reasonable and probable cause to and did
discharge the plaintiff from his employment as master of the said ship
on the 23rd November, 1907.
6. The plaintiff on the 12th November, -1907, whilst the said ship
was at Falmouth, wrongfully and improperly tore out and destroyed
certain entries which had been made by the mate of the said ship in her
log-book relating to the said voyage from Cardiff to Falmouth; and the
plaintiff substituted in the said log-book entries made by himself with
intent to conceal the true facts of the said voyage, from the defendants.

7. The defendants bring into court the sum of $1,040 in respect of
the plaintift's claim. for wages and disbursements, and say that the said
sum is enough to satisfy the plaintiff's said claim in that behalf. The
defendants offer to pay the plaintiff's costs to this time in respect, of
those two causes of action.

Dated the day of 19
(Signed.) C.D. E.F, etc., Defenddants,


REPLY.

In the Supreme Court of Hongkong, Admiralty
[Title of action]
The plaintiff denies the several statements contained in the answer
[or as the case may be].
Dated the day of 19

A.B., Plaintiff.

(.5) In an action, for seamen's wages :
PETITION.
In the Suprerne Court of Hongkong, Admiralty Jurisdiction.
[Title of action.]
Writ issued 19
I The plaintiff, A.B., was engaged as inate of the British brig
Bristol at the rate of $ per month, and in pursuance
of that engagement served as mate on board the said brig from the
day of 19 , to the day of
19, and during that time as mate of the said brig
earned wages amounting to $ . After giving credit for
the sum by him on account, as shown in the Schedule
there remains due to him for his wages a balance of $





2. the plaintiffs, C.D., E.F., and G.H were engaged as able seamen
on board the said brig, and, having in pursuance of that engagement
served as able seamen on board the said brig during the periods
specified in the Schedule hereto, earned thereby as wages the Sums
set forth in the same Schedule, and after giving credit for the sums
received by them respectively, on account of the said- wages, there
remain dtie to thein the following sums, namely,-
To C. D. the sum. of $
To E. F.
To G. H.

3. The plintiffs J.K. and L.M. were engaged as ordinary seamen on
board the said brig, and, having served. on board the same in pursuance
of the said engagement during the periods specified in the Schedule

hereto, earned thereby the sums set, forth in the same Schedule, and
after giving credit for the sums received by them respectively, on
account of the sa](] wages, there remain due to them the following
sums, namely,--
To J.K. the. sum of $
To L.M. $

SCHEDULE referred to above
Wages due to A.B., mate, from the 19to the 19
months and days, at per month.

Less received on account . ... ...

Balance due ... ... $

Wages due. to C.D., able seaman, from the 19 to the
months and days, at
per month.
Less recelved on account $

Balance due ... ...

[and so on with the wages due to the other plaintiffs]
The plaintiffs claim-

1. the several sums so due to them respectively, with the costs of
this action.

2. such other relief as the nature of the case may require.
Dated the daY of 19

(Signed.) A.B. etc., plaintiffs





(6) In an action for bottomry :

PETITION.

In the Supreme Court, of hongkong, admiralty jurisdiction.

[Title of action]
Writ issued

1. in the month of july, 1906. the italian barque roma capitale
was lying in the port of Rangoon in the Pegu Divislon of British
Burniah, and Pietro Ozilia, her master, being in want of funds, was
compelled to borrow on bottomry of the said barque and her freight
from the Cassa Marittima di Geneva the sum of 3,478.7s 11d for
the necessary and indispensable repairs, charges, and supplies of the
said vessel in the said port of Rangoon, and to enable, her to prosecute
her voyage from Rangoon to Akyab and thence to

2. Accordingly, by a bond of bottomry dated the 11th day of the said
month of July and duly executed by him, the said Pietro Ozilia, in
consideration of the sum of 3,478. 7s. 11d. lent by the said Cassa
Marittima di Gellova upon the said adventure npon the said varque
and freight at the maritime premium of 23 per cent., bound himself
and the said barque and the freight to become payable in respect of
the said voyage to pay to the said Cassa Marittima di Genova, their
successors or assigns, the sum of 4,278. 8s. 7d. (which included the
principal charges and the maritime interest due thereon), within 30 days,
after the said barque should arrive at her port of discharge ; and the
said bond provided that the Cassa marittima di Geneva should take
upon themselves the maritime risk of the said voyage.

3. The Ronia Capitale has since successfully prosected her said
intended voyage for which the aforesaid bond was granted, and arrived
as her port, of discharge on or about the 30th march,
1907.

4. Before the issue of the writ in this action the said boud became
due and payable., and was duly indorsed by the said Cassa Marittlima di
Genova to the plaintiffs, who thereby became, and are the legal holders
thereof, and the sum of 4,278. 8s. 7d. is now due and owing thereon
to the plaintiffs.

The plaintiffs claim---

1. A declaration for the force and validity of the said bond

2. The condemnation of the said barque Roina Capitale and
her freight in the equivalent in hongkong currency of the sum
of
cent. per annuni from the time when the said bond became
payable, and in costs.

3. A sale of the said barque and the application of the proceeds of
her sale and of her freight in payment to the plaintiffs of the
said amount and interest and costs.





4.Such further and other relief as the nature of the case may
require.

Dated the day of 19

(Signed.) A,B., etc., Plaintiffs.

PETITION.
(7) in an action for mortgage:

in the supreme court of hongkong, admiralty jurisdiction
of
Writ issued 19

1. the above-named brigantine or vessel Juniper is a British ship
belonging to the port of of the registered
tonnage of 109 tons or thereabouts, and, at the time of the mortgage
hereinafter mentioned, Thomas Brock, of was the
regostered owner of the said brigantine.


2. On the 4th July, 1906, 32-64th parts or shares of the said
brigantine were mortgaged by the said Thomas Brock to the plaintiff,
to secure the payment by the said Thomas Brock to the plaintiff of the
sum of 400, together with interest thereon at the rate of 5 per cent.
per annum on or before the 1st July, 1907.

3. The said mortgage of the Juniper was made. by an instrument
dated the 4th July, 19O6, in the form prescribed by the Merchant
Shipping Act, 1804, and was duly registered in accordance with the

provisious of the said Act.

4. No part of the said principal sum or interest has been paid, and
there still remains due and owing to the plaintiff on the said mortgage
Security the principal sum of 400 together with a large sum of money
for interest and expenses, and the plaintiff, although he has applied to
the said Thomas Brock for payment thereof, cannot obtain payment
without the assistance of this court.

The plaintiff claims-
1.judgment for the equivalent in Hongkong currency of the. said
principal sum of 400, together with interest and expenses.
2. To have an account taken of the atnotint due to the plaintiff.
Payment, out of the proceeds of the said brigantine now remain-
ing in court, of the amount found due to the plaintiff, together
with costs.
4.Such further and other relief as the nature of the ease may
require.

Dated the day of 19

(Signed.) A.B., Plaintiff,





(8). In an action (for account).
PETITION,
In the supreme Court oF hongkong, admiralty jurisdiction
[Title of action]
Writ issued 19
1. The Horlock is a sailing ship of about 40 tons register, trading

between and
2. by a bill of sale duly registered on the 11th june, 1897, the
defendant, John Horlock, who was then sole owner of the above-named
ship Horlock , transferred to Thomas Worraker, of
32-64th parts or shares of the ship for the sum of $3,200.
3. By a subsequent bill of sale, duly registered on the 16th December,
1906, the said Thoinas Worraker transferred his said 32-(Ath Shares of'
the ship to George Wright, the plaintiff, for the sum of $ 1,715.

4. The defendant, john horlock, has had the entire management and
the command of the said ship from the 11th June, 1897, down to the
present time.
.5. The defendant has from time to time, up to and uncluding the
24th September, 1904, renderect account's of the earning of the ship to
the aforementioned Thomas Worraker, but since the sald 24th
September, 1904, the defendant has rendered no accounts of the earnings
of the ship.
Since the 16th December, 1906, the ship has continued to trade,
between. and , and the plaintiff has made
several applications to the defendant., John Horlock, for in account of
the earnings of the ship, but such applications have proved ineffectual.
7. The plaintiff is dissatisfied with the management of the Ship, and
consequently desires that she may be sold.
The plaintiff claims-
1. that the court may direct the sale of the ship horlock
2.To have an account taken of the earnings of the said ship, and
that the defendant may be condemned in the amount which shall
be found due to the plaintiff in respect thereof, and in the costs.
of this action.
3. Such further or other relief as the nature of the case may require.
Dated the day of 19
(Signed.) AB, Plaintiff.

ANSWER.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of action]
1. The defendant denies the statements contained in paragraph 2 of
the petition.





2. The defendant further says that he never at any time signed any
bill of sale transferring any shares whatever of the said ship Horlock
to the said Thomas Worraker, and further says that, if any such bill
was registered as alleged on the 11th June in the said paragraph 2
(which the defendant denies), the same was made and registered
frandulelitly and witout the knowledge, consent, or authority of tbe
defendant.

The defeadant does not admit the statements contained in
paragraph 3 of the petition, and says that if the said Thomas Wor-
raker transferred any shares of the said ship to the plaintiff as alleged
(which the defendant does not admit), he did so wrongfully, and un-
lawfully, and that he had not possession of or any right to or in respect
of the said shares.
4. The defendant denies the statements contained in paragraph 5 of
the petition, and says that he never rendered any such accounts as
alleged therein.
5. The defendant does not admit the statements contained in
paragraph 6 of the petition.

Dated the day of 19

(Signed.) C.D., Defendant.

REPLY.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
of
The plaintiff denies the several statements in the answer.

Dated the day of 19
(Signed.) A.B, Plaintiff.

(9) in an action for possession:

PETITION.
in the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of action]
Writ issued ' 19
1. The plaintiffs are registered owners of 44-64th shares in the British
ship Native Poarl , aud such shares are held by them. respectively as
follows :-

Morgan Parsall Griffiths is owner of 16-64th shares, Edmund Nicholls
of 8-64th shares, William meager of 4-64th shares, Isaac Butler of
8-64th shares, aud William herbert of 8-64th shares.

2. The only owner of the said ship other than the plaintiffs is John
Nicholas Richardson, who is the registered owner of the remaining





20-64th shares of the said ship, and has hitherto acted as managing
owner and ship's husband of the said ship, and has possession of and
control over the said ship and her certificate of registry.

3. The defendant, the said john Nicholas Richardson, has not
managed the said ship to the satisfaction of the plaintiffs, and has, by
his management of her, occasioned great loss to the plaintiffs: and
the plaintiffs in consequence thereof, before the commencement of this
action, gave notice to the defendant to cease acting as managing owner
and ship's husband of the said ship, and revoked his authority in that
behalf, and demanded from the defendant the possession and control
of the said ship and of her certificate of registry ; but the defendant
has refused and still refuses to give possession of the said ship and
certificate to the plaintiffs, and the plaintiffs cannot obtain possession
of thein without the assistance of this court.
4. The defendant has neglected and refused to render proper ae-
counts relating to the management and earnings of the said ship, and
such accounts are still outstanding and unsettled between the plaintiffs
and the defendant.

The plaintiffs claim-
1. Judgment giving possession to the plaintiffs of the said ship and
of her certificate of registry.
2. To have an account taken, with the assistance of merchants, of the
earnings or the ship.
A sale of the defendant's shares in the, said ship.
4. Payment out of the proceeds of such sale of the balance, if any,
found due to the plaintiffs and of the costs of this action.
5. Such further and other relief as the nature of the case may require.

Dated the day of 19

(Signed.) A.B., etc., Plaintiffs.

(10) In an action for necessaries :

PETITION.

In the Supreme Court of Hongkong, admiralty jurisdiction.

[little of action]
Writ issued ,19

1. The plaintiffs, at the time of the occurrences hereinafter mentioned,
carried on business at the port of as bonded store and
provision merchants and ship chandlers.

2. The Sfactoria is a Greek ship, and in the months of June, July,
August, and September, 1906, was lying in the said port of
under the command of one George Lazzaro, a foreigner, her master and
owner. and in the said month of September she proceeded on her voyage
to





3. The plaintiffs, at the request and by the direction of the said
master, supplied, during the said months of June, July, August, and
September 1906, stores and other necessaries for the necessary use of
the said ship upon the said then intended voyage to the value of 412.
16s. 9d., for which sum an acceptanhe was given by the said George
Lazzaro to the plaintiffs; but on the 4th February, 1907, the said
acceptance, which then became due, was dishonoured, and the said sum
of 412. 16s. 9d., with interest thereon from the said 4th February,
1907, still remains due and unpaid to the plaintiffs.

4. In the month of August aforesaid the plaintiffs, at the request of
the said master, advanced to him the sum of 100 for the necessary
disbursements of the said ship at the said port of
and otherwise on account of the said ship; and also at his request paid
the sum of 11, which was due for goods supplied for the necessary
use of the said ship 11 the said voyage; and of the sums so advanced
and paid there still remains due and unpaid to the plaintiffs the sum of
61, with interest thereon from the 5th January, 1907, on which last-
mentioned day a promissory note given by the said George Lazzaro to
the plaintiffs for the said sum of 61 was returned to them dishonoured.

5. the plaintilfs, also, at the said master's request, between the 1st
September, .1906, and the commencement of this action, paid various
sums amounting to 84. 17s. for the insurance of their said debt.

6. the Said goods were supplied and the said sums advanced and
paid by the Plaintiffs upon the credit of the ship, and not merely
on the personal credit of the said master.

The plaintiffs claim-

1. Judgment for the equivalent in Hongkong, currency of the Said
sums of 412, 16s. 9d., 61, and 84, 17s., together with interest
thereon.

2. That the defendant [and his bail] be condemned therein, and in
costs

2. A sale of the said ship, and payment of the said sums and interest,
out of the proceeds of such sale, together with costs.

3. Such further and other relief as the nature of the case may
require.

Dated. the day of 19

(Signed.) A.B., etc., Plaintiffs.





(11) In an action for condemnation of a ship or cargo, etc.
PETITION.
In the Supreme, Court of Hongkong Admiralty
[Title of action]
Writ issued 19
State briefly the circumstances of the seizure, or, if an affidavit of the
circumstances has been filed, refer to fhe affidavit.
A.B. [state name of person suing in the name of the crown] claims-
The condemnation of the said ship [and her cargo, and
of the said seven slaves, or as the case may be], on the ground that the
said ship, etc., was, at the time of the seizure thereof, fitted out for or
engaged in the slave trade [or as having been captured from pirates, or
for violation of the Act s. or as the Case may be].
dated the day of
A. B.

(12) In an, action for restitution of a ship or cargo:
PETITION.
In the Supreme Court of Hongkong, Admiralty jurisdiction
[title of action.]
Writ issued 19
State briefly the circumstances of the seizure
A.B. [state name of person claiming restitution] claims-
The restitution of the said vessel [and her cargo, or as
the case may be,] together with costs and damages for the seizure thereof
[or as the case may be].
Dated the day of 19
(Signed.) A.B., etc., Plaintills,

(13) In a piracy case, where the captors intend to apply for bounty,
add-
A.B. further prays the court to declare-
(1) That the persons attacked or engaged were pirates.
(2) That the total number of pirates so attacked or engaged was
of whom were captured.
(3) That the vessel [or vessels and boats] engaged was [or were]
[and ]
Dated the day of 19
(Signed.) A.B.





(14) In an actilon for recovery of any pecuniary forfeiture or
penalty :
PETITION.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of action.]
Writ issued .19
State briefly the eircumstances, and the Act and section of the Act,
under which the penalty is claimed.
I, A.B., claim to have the defendant condemned in a penalty of
$ and in the costs of this action.

dated the day of , 19

(Signed) A.B., Plaintiff.

Form No. 22. [Rule 66.]
NOTICE OF MOTION.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of action.]
take notice that on [state day of week] the day of
19, the plaintiff [or defendant] will [by counsel or by his solicitor, if
the moton is to be made by counsel or solicitor] move the judge in court
[or in chainbers, as the case may be] to order that [state nature of order
to be moved form a notice of motion to vary a report of the Registrar,
the items objected to must be specified].

Dated the day of 19

(Signed.) A.B.

Plaintiff [or C.D., Defendant.]

FORM NO. 23.

NOTICE OF TENDER.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.

[Title of action.]

Take notice that I have paid into court, and tender in satisfaction of
the plaintiff's claim [or as the case may be] [if the tender is for costs
also, add including costs,] the sum of [state sum tendered both in letters
and figures, and on what terms, if any, the tender is made].

Pated this day of 19
(signed) C.D.,

Defendant.





Form No. 24. [rule 71]
NOTICE ACCEPTINIG OR REJECTING TENDER.
In the Supreme Court of Hongkong, Admiralty jurisdiction.
[Title of action]
Take notice that I accept [or reject] the tender made by the defendant
in this action.
Dated the day of
(Signed.) A.B.,
Plaintiff.
FORM No. 25. [Rule 78.]
NOTICE FOR HEARING.
In the Supreine Court of Hongkong, Admiralty Jurisdiction

[Title of action.]
Take notice that I set down this action for hearing.
Dated this day of 19 (signed) A.B.

Form No. 26. [Rule 91]
IN THE SUPREME COURT OF HONGKONG, ADMIRALTY JURISDICTION.
[Title of action.]
Whereas by a decree of the court, dated the day of
19 the court pronounced in favour of the plaintiff [or defendant],
and condemned the defendant [or plaintiff] and the ship
[or as the case may be] in the amount to be found due to the plaintiff
[or defendant] [and in costs], and the court further ordered that an
account should be taken, and referred the same to the Registrar [assisted
by merchants] to report the amount due : Now I do report that I have
with the assistance of [here state names and description of assessors, if
any], carefully examined the accounts and vouchers and the proofs
brought in by the plaintiff [or defendant] in support of his claim [or
counterclaim], and having on the day of 19
heard the evidence of [state names] who were examined as witnesses
on behalf of the plaintiff, and of [state names] who were examined as
witnesses on behalf of the defendant, [and having heard the solicitors
(or counsel) on both sides, or as the case may be], I find that there is
due to the plaintiff [or defendant] the sum of $ [state sum in
letters and figures] togother with interest theron as stated in the
Schedule hereto annexed. I am also of opinion that the plaintiff [or
defendant] is entitled to the costs of this reference [or as the case may
be].
Dated the day of 19
(Signed.)
Registrar





SCHEDULE annexed to the foregoing report.

Claimed. Allowed.
1 [Here state as briefuly as possible

2 the sereral items of the claim,
3 with the amound claimed and
4 allowed on each item. in the
5 for figures opposite
etc. the item]

Total ... ...

with interest thereon from the day of 19
at the rate of per cent. per annum until paid.

(Signed.) E. F.,

Registrar.

Form No. 27, [Rule 112.]

COMMISSION OF APPRAISEMENT.

In the supreme court of hongkong, admiralty jurisdiction.

[Title of action.]

GEORGE by the Grace of God, etc.

to the bailiff of our supreme court of hongkong, greeting.

whereas our said court has ordered that [state wheter ship or cargo,
and state name of ship and, if part only of cargo, state what part] shall
be appraised: We, therefore, hereby command you to redurce into writing
an inventory of the said [ship or cargo, etc., as the case may be], and
having chosen one or more experienced person or persons, to swear him
or them to appraised the same according to the true value thereof and
when a certificate of such value has been reduced into writing, and
signed by yourself and by the appraiser or appraisers, to file the same
in the registry of our said court, together with this commission.

given at , in our said court, under the seal thereof, this
day of , 19

(Signed.) E.F.,

Commission of appraisement. Registrar.

Taken out by





FORM No. 28. [Rule 112.]
COMMISSION OF SALE.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of action]
GEORGE by the Grace of God, etc.
To the bailiff of Our Supreme Court of Hongkong, greeting.
Whereas Our said court has ordered that [state whether ship or
and state name of ship, and, if part only of cargo, what part] shall be
sold : We, therefore, hereby command you to reduce into writing an
inventory of the said [ship or cargo, etc., as the case may be], and to
cause the said [ship ur cargo, etc., as the case may be,] to be sold by.
public auction for the highest price that can be obtained for the same.
And We further command you, as soon as the sale has been completed,
to pay the proceeds arising therefrom, into Our said court, and to file an

account sale signed by you, together with this commission.

Given at it Our said court, under the seal thereof, this
day of 19
(Signed.) E.F.,
Commission of sale.
Taken out by
FORM No. 29. [Rule 112]
COMMISSION OF SALE AND APPRAISEMENT.
[L.S.] In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of action.]
GEORGE by the Grace of God, etc.
To the bailiff of our Supreine Court of Hongkong, greeting.
Whereas Our said court has ordered that [state whether ship or cargo.
and state name of ship, and if part only of cargo, what part] shall be
appraised and sold: We, therefore. hereby command you to reduce into
writing an inventory of the said [ship or cargo, etc., as the case amy be],
and having chosen one or more experienced person or persons, to swear
him or them to appraise the same according to the true value thereof, and
when a certificate of such value has been reduced into writing and signed
by yourself and by the appraiser or appraisers, to cause the said [ship, or
cargo, etc., as the case may be,] to be sold by public. auction for the highest
price, not under the appraised value thereof, that can be obtained for the
same.
And We further command you, as soon as the sale has been completed,
to pay the proceeds arising therefrom. into Our said court, and to file
the said certificate of appraisement aod an account sale signed by you,
together with this commission.
Given at in Our said court, under the seal thereof, this
day of 19
(Sigued.) E.F.,
Commission of appraisement and Sale. Registrar.
Taken out by





FORM No. 30. [Rule 112.]

COMMISSION OF REMOVAL

[L.S.] in the supreme court of hongkong, admiralty jurisdiction.

[title of action]
george by the grace of god, etc.

to the bailiff of our supreme court of hongkong greeting.
whereas our said court has ordered that the [state name and
description of ship] shall be removed from to
on a policy of insurance in the sum of $ being deposited in the
Registry of Our said court ; and whereas a policy of insurance for the
said sum has been so deposited : We, therefore, hereby command You
to cause the said ship to be removed accordingly.

And We further command you, as soon as the removal has been
completed, to file a certificate thereof, signed by you, in the said Registry
together with this commission.

Given at in Our said court, under the seal thereof, this
day of 19
(Signed.) E.F.,
Commission of removal. Registrar.
Taken out by

FORM NO. 31 [RULE 112]
COMMISSION FOR DISCHARGE OF CARGO

[L.S.] in the Supreme Court of Hongkong, Admiralty Jurisdiction.

title of action

george by the grace of god, etc.

to the bailiff of our supreme court of hongkong, greeting

Whereas Our said court bas ordered,that the cargo of the ship
shall be discharged : We, therefore, hereby command you to discharge
the said cargo from on board the said ship, Wid to put the same into
some fit and proper place of deposit.

And We further command you, as soon as the discharge of the said
canyo has been completed, tofile your certificate thereof in the Registry
Of Our said court, together with this commission.

Given at in Our said court, under the seal thereof, this
day of 19

(Signed.) E.F.,
Registrar.
Commission for discharge of cargo.
Taken out, by





Form No. 32. [Rule 112.]

COMMISSION FOR DEMOLITION AND SALE.

(in a slave trade case.)

[L.S.] ]-it the Supreme Court of Hongkong, Admiralty jurisdiction.

[Title of action]

GLORGF by the Grace of God, etc.

To the bailiff of our supreme court of hongkong, greeting.


We hereby command you, in pursuance of the decree of the judge of
Our said court to that effect, to cause the tonnage of the vessel
to be ascertained by such rule as shall for the time being
he in force for the admeasurementof British vessels, and further to
cause the said vessel to be broken up, and the materials thereof to be
publicly sold in separate parts (together with her cargo, if any) for the
highest price that can be obtained for the same.

And We further command you, as soon as the sale has been completed,
to pay the proceeds arising therefrom. into Our said court, and to file an
account sale signed by you, and a certificate signed by you of the
admeasurement and tonnage of the vessel, together with this com-
mission.
given at , in our said court, under the seal thereof, this
day of 19
(Signed.) E. F
Registrar.
Commission for demolition and sale.
Taken out by

Form No. 33. [rule 117]

ORDER FOR INSPECTION.

In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of action.]

On the, day of 19
Before

The court, on the application of [state whether plaintlIff or defendant]
ordered that the ship should be inspected by [state whether
by the bailiff, or by the assessors of the or as the Case may be], and
that a report in writing of the inspection should be lodged by him [or
them] in the Registry of the court.

(signed) E.F.,
Registrar.





Form No. 34. [Rule 118.]
NOTICE OF DISCONTINUANCE.

In the supreme court of hongkong Admiralty Jurisdiction.
[Title of action.]
Take notice that this action is discontinued.
Dated the day of 19
(Signed.) A.B.,
Plaintiff

form No. 35. [rule 118]
NOTICE TO ENTER JUMMENT FOR COST-,.
Tn the Snpreme Court, of hongkong Admiralty Jurisdiction.
[Title of action.]
Take notice that I apply to have judgment entered for my costs in
this action.
dated the day of 19
(Signed.) C,D,
Defendant.

Form No. 36. [Rule 128.]
NOTICE OF APPEAL TO HIS MAJESTY IN COUNCIL.
in the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of action.]
take notice that I, A.B., plaintiff [or defendant] appeal from the
decree [or order] of the Full Court made the day of 19
dated this day of 19
A.B,, Plaintiff [or Defendant.]

form no. 37 [Rule 135.]
ORDER FOR PAYMENT OUT OF COURT.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of action.]
I, Chief Justice [or judge] of the said Supreme Court,
hereby order payment of the sum of [state ship. in letters] dollars, being
the amount [state whether found due for damage or costs, or tendered in
the action, or as the case may be] to be paid to [state name and address
of party or solicitor to whom the money is to be paid] out of the [proceeds
of sale of ship, etc., or as the ease may be] now remaining in court.
Dated the day of 19
signed. J.K., chief justice or judge.

Witness

(Signed.) E.F., Registrar.





form No. 38.

NOTICE FOR CAVEAT WARRANT.

In the Supreme Court, of Hongkong; admiralty jurisdiction.

[title of action.]

Take notice that I, AB, of apply for a caveat against
the issue of any warrant for the arrest of [state name and nature of
property], and I undertake, within three days after being required to do
so, to give bail to any action or counterclaim that may have been or
may be brought against the same in this court in a sum not exceeding
[state sum in letters] dollars, or to pay such sum into court.
MY address for service is
Dated the day 19
signed A.B.

FORM No. 39.

CAVEAT WARRANT.In the Supreme Court of hongkong, Admiralty Jurisdiction
[Title of action.]
Caveat entered this day of 19. against the issue
of any warrant for the arrest of [state name and nature of Property]
without notice being first given to [state name and address of person to
whom, and address at which, notice is to be giren], who has undertaken
to give bail to any action or counterclaim that may have been or may
be brought in the said court against the said [state name and nature of
property].
on withdrawal of caveat, add-
caveat withdrawn this day of 19

form no. 40. rule 137.
notice for caveat release.

In the Supreme Court of Hongkong, Admiralty jurisdiction.
[Title of action]

Take notice that I, A.B., plaintiff [or defendant] in the above-named
action, apply for a caxeat against tbe release. of
of Property].
[If the person applying for the caveat is not a party to the action, he
must also state his address and on address for service within three miles
of the Registry.]

Dated the day of 19
(Signed') A. B.





Form No. 41. [Rule 137.]

CAVEAT RELEASE In the Supreine Court of Hongkong, Admiralty Jurisdiction.
[Title of action]

Careat entered this day of 19 against the
issue of any release of [state name and nature of property] by [state name
and address of person entering caveat and his address for service].
On withdrawal of caveat, add-
Careal withdrawn this (jay of 19

form No. 42. [Rule 138]
NOTICE FOR CAVEAT PAYMENT

IN THE SUPREME COURT OF HONGKONG, ADMIRALTY JURISDICTION.
[TITLE OF ACTION]


Take notice that I, A.B., plaintifF [or. defendant] in the above-named
action, apply for a caxeat against the paymentof any money [if for costs,
(Ad for costs, or as the cuse may be] out of the proceeds of the sale of
[state whether ship or cargo, and name of ship, etc.] now remaining in
court, without notice being first, given to me.
[if the person applying for the caveat is not a party to the action, he
must also state his address and an address for service within three miles
of the Registry.]
Dated the day of 19
(Signed.) A.B.

form no. 43. rule 138

CAVEAT PAYMENT.

in the Supreme Court of Hongkong, Adintralty Jurisdiction,

[title of action.]
Caveal entered this day of 19 against the
payment of any money [if for costs, add for costs, or as the case may be]
out of the proceeds of the sale of [state whether ship or cargo, and, if
ship, state name of ship, etc.] now reniaining in court, without notice
being first given to [state name and address of person to whom, and
address at which, notice is to be given]

on withdrawal of caveat, add---

caxeat withdrawn this day of 19





Form no. 44. [Rule 143]

NOTICE FOR WITHDRAWAL OF CAVEAT.

In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of action]
Take notice that I withdraw the caveat [state whether caveat
release, or payment] entered by me in this action [or as the cuse may be]
Dated the day of 19
signed a.b


from No, 45. rule 144
ORDER FOR PAYMENT.
[L.S.] In the Supreme Court of Hongkong, Admiralty jurisdiction.
[Title of action]
Dated the day of 19
Before
It is ordered that AB, plaintiff [or defendant, etc.] do pay to C.D.,
defendant [or plaintiff, etc.], withindays from the date hereof,
the sum of [state sum in letters] dollars, being the amount lor balance of

the amount] found due from the said A.B. to the said C.D. for Fstate
whether for damages, salvage or costs, or as the case may be] in the
above-named action.
(Signed.) E. F
Registrar,

Form No. 46. [Rule 145]
ATTACHMENT.
[L.S.] In the Supreme Court of Hongkong, Admiralty jurisdiction.
[Title of action]
GEORGE by the Grace of God, etc.
To the bailiff of Our Supreme Court of Hongkong, greeting.
Whereas Our said court has ordered [state name and description of
person to be attached] to be attached for [state briefly the ground of
attachment]: We, therefore, hereby command you to attach the said
and to bring him before Our said court.
Given at in Our said court, under the seal thereof,
this day of 19 signed e.F.
Attachment. registrar.
Taken out by





FORM No. 47. [Rule 146.]
ORDER FOR, COMMITTAL.

In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of action.]

on the day of 19
Before.
Whereas A.B. [state name and description of person to be committed]
has committed a contempt of court in that [state in what the contempt
and, having been this day brought before the court on attach
ment, persists in his said contempt, it is now ordered that lie be com
mitted to prison for the term of from the date hereof, or
until he shall clear himself from his said contempt.

(Signed.) E.F.,
Registrar.

Form No. 48. [Rule 146.]
COMMITTAL.

[l.s.] In the Supreme Court of Hongkong, Admiralty Jurisdiction.
To
Receive into your custody the body [or bodies] of
herewith sent to you, for the cause hereinunder written; that is to say,
for [state briefly the ground of attachment]
dated the day of 19
signed J.K. chief justice [or judge]
Witness, signed E.F., Registrar.

Form No. 49. [Rule 153.]
MINUTE ON FILING ANY DOCUMENT.

in the supreme court of hongkong admiralty jurisdiction.

[Title of action.]
I, A.B. [state inhether plaintiff or defendant], file the following docu-
ments, viz:-
[Here describe the documents filed.]
Dated the day of 19

(Signed.) A.B.





FORM, No. 50. [rule.156.]
MINUTE OF ORDER OF COUNT

In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of action.]
On the day of 19
Before
The court on the application of [state whether plaintiff of defendant]
ordered [state purport of order].

FORM NO. 51. [rule 156]
MINUTE ON EXAMINATION OF WITNESSES
IN THE SUPREME COURT OF HONGKONG ADMIRALTY JURISDICTION

[title of action]

On the day of 19
Before
A.B. [state whether plaintiff- or defendant] produced as witnesses
[Here state names of witnesses in full.]
who, having been sworn [or as the case inay be], were examined orally
[if by interpretation add by interpretation of ]

FORM No. 52. [rule 156]
MINUTE OF DECREE.
In the Supreme Court of Hongkong, Admiralty jurisdiction.
[Title of action].
on the day of
Before
(1) Decree for an ascertained sum:
The court having heard [state whether plaintiff and defendant, or their
counsel or solicitors, or (is the case may he], and having been assisted by
[state names and descriptions of assessors, if any], pronounced the sum,
of [state sum in letters and figures] to be due tot he plaintiff [or
defendant], in respect of his claim [or counterclaim] together with
costs [if decree is for costs], And condemned-

(a) in an action in rem where bail has not giren,
the ship [or cargo ex the ship or procceds of
the ship [or of the cargo ex the ship or as
the case may be] in the said sum land in costs].
(b) in an action in personam, or in rem where bail has been
the defendant [or plaintiff] and his bail [if bail has been given] in the
said sum [and in costs].




(2) decree for a sum not ascertained:
the court having heard, etc, [as above] pronounced in favour of the
plaintiff's claim [or defendant's counterclaim] and condemned the ship\
[or cargo,e tc., or the defendant or plaintiff] and his bail
[if bail has been given] in the amount to be found due to the plaintiff
[or defendant] [and in cost]. and ordered that an account should be
taken, and

(a) if the aount is to be assessed by the court,
that all accounts and vouchers, with the proofs in support thereof,
shounld be filed within days [or as the case may be],

(b) if the court refers the assessment to the registrar,
referred the same to the registrar [assisted by merchants], to report the
amount due, and ordered that all accounts, etc. [as above]

(3) decree on dismissal of action:
the court having heard, etc., [as above] dismissed the acton [if with
costs, add] and condemned the plaintiff and his bail [if bail has been
given] in costs.

(4) decree for condemnation of a derelict subject to salvage:
the court having heard, etc. [as above] proounced the sum of [state
sum in letters] to be due to a.b., etc., for salvage, together with costs,
and subkect therto, condemned the said ship [or cargo or
proceeds of ship or of cargo, etc., as the case may be] as a droit and per-
quisite of his majesty in his office of admiralty.

(5) decree in action for possession :
the court having heard, etc. [as above], decreed that possession of the
ship should be given to the plaintiff, and condemned the
defendant [and his bail] in costs.

(6) decree of condmnation in a slave trade action;
the court having heard, etc. [as above] pronounced that the vessel
name unknown [or as the case may be,] seized by h.M.s. torch on
the day of 19, had been at the time of her
seizure, engaged in or fitted out for the slave trade in contraventionof
the treaties existing between great Britain and [or in
violation of the acts 5 geo, 4, c. 113 and 36 & 37 vict, c. 88, or as the
case may be], and it condemned the said vessel [together with the slaves.,
goods, and effects on board thereof] as forfeited to his majesty [or
condemned the said vessel and slaves as forfeited, etc., but ordered
that the cargo should be restored to the claimant, or as the case may be]

the court further ordered that the said slaves [or the slaves then
surviving] consisting of men, women, boys,
and girls should be delivered over to [state to whom or how
the slaves are to be disposed of].






If the vessel has been brought into port, add-
The court further ordered that the tonnage of the vessel should be
ascertained by the rule in force for the admeasurement of British
vessels, and that the vessel should be broken up, and that the materials
thereof should be publicly sold in separate parts, together with her
cargo [if any];
or

If the vessel has been abandoned or destroyed by the seizors prior to
the adjudication, and the court is satisfied that the abandonment or
destruction was justifiable, add-
The court further declared that, after full consideration by the court
of the circumstances of the case, the seizors had satisfied the court that
the abandonment [or destruction] of the vessel was inevitable or other-
wise in the circumstances proper and justifiable.

(7) Decree of restitution in a slave trade action :
The court having heard, etc. [as above] pronounced that, it had not
been proved that the vessel was engaged in or fitted out
for the slave trade, and ordered that the said vessel should be restored
to the claimant, together with the goods and effects on board thereof
add, as the case may be,
but without costs or damages,

on payment by the said claimant of the costs incurred by the seizors in
this action;
or
and awarded to the said claimant costs and damages in respect of
detention of the said vessel, and [referred the same to the Registrar
(assisted by merchants) to report the amount thereof, and] directed that
all accounts and vouchers, with the proofs in support thereof, if any

should be filed within days

(8) Decrce in case of capture from, pirates :
The court having heard, etc. [as above] pronomiced that the said junk
Tecumseh [and her cargo] had been, at the time of the capture
thereof by H.M.S. Torch , the property of pirates, and condemned the
same as a droit and perquisite of His Majesty in his Office of Admiralty:

pronounced that the said junk Tecuniseli [and her cargo] had, prior
to her re-capture by H.M.S. Torch , etc., been captured by pirates
from the claimant [state name and description of former Owner], and
decreed that the same should be restored to the said claimant as the
lawful owner thereof, on payment to the re-captors of [one-eighth] part of the true value thereof in lieu of salvage. The court also directed
that the said junk [and her cargo] should be appraised ;





If the Junk, etc., has 1wen captwred after an enyagement with the
pirotes, und if there is a petition for bounty, add-
The court further declared that the persons attacked or engaged by
H.M.S. torch etc., on the occasion of the capture of the said junk
were pirates, that the total number of pirates so attacked or engaged
was about , that, of that number were captured,
and that the only vessel engaged was H.M.s. Torch For as the case
may be.]

(9) Decree of condemnation under pacific islanders protection acts:

The court having heard, etc. [as above] pronounced that the ship
had been, at the time of her seizure [or during the voyage on
which she was met], employed [or fitted out for employment] in viola-
tion of the Pacific Islanders Protection Acts, 1872 and 1875, and it
condemned the said ship[and her cargo, and all goods and
effects found on board, or as the case may be,] its forfeited to His
Majesty.
The court further ordered that the said ship [and her
Cargo, alid the said goods and effects] should be sold by Public auction.
and that the proccods should be paid into court.

(10) decree of condemnation under foreign enlistment act:

The court having heard, ete. [as above] pronounced that the ship

had been built [or equipped, commissioned, despatched, or
used, as the case may be] in violation of the Foreign Enlistment Act, 1870,
and condemned the said ship and her equipment [and the arms
and munitions of war on board thereof, or as the Case may be,] as
forfeited to His Majesty.

(11) Decree of condemnation under Custwns or Revenue Acts
The court having, heard, etc. [as above] condemned the ship

[or cargo or proceeds, etc., as the case may beJ as forfeited to His Majesty
for violation of the Act [state what Act].

(12) Decree, for pecuniary forfeiture or penalty under Customs Act
or other Act or Ordinance :
the court having heard, etc... [as above] pronounced the said goods
to have been landed [or other illegal act to have been done] in violation
of the Art, Estate Act or ordinance] and condemned the defendant
C.D. [the owner of the said goods, or as the case may be,] in the Penalty
of $ imposed by the said Act [or Ordinance ] [and in costs].





form no. 53.
MINUTES IN AN ACTION FOR DAMAGE BY COLLISION.

A.B. ETC.,
NO. AGAINST
the ship mary
19
Jan. 3 A writ of summons [and a warrant] was [or were] issued to
E.F. on behalf of a.b., etc., the owners of the ship Jane
against the ship mary [and freight, or as the case may
be,] in an action for damage by collision. Amount claimed
$10,000.

5 G.H. filed notice of appearance on behalf of c.d. etc., the
owners of the ship 'mary.

6 E.F. filed writ of summons.
the bailiff filed warrant.

7 G.H. filed bail bond to answer judgement as against the
defendants [or as the case may be] in the sum of $10,000 with
affidavit of service of notice of bail.

A release of the ship mary was issued to G.h.

8 E.F. filed preliminary act [and notice of motion for
pleadings].

G.H. filed preliminary act.

10 the court having heard solicitors on bothe sides [or as the
case may be] ordered pleadings to be filed.

11 E.F. filed petition.

14 G.h. filed answer [and counterclaim].

15 E.F. filed reply.

16 the court having heard solicitors on both sides [or as the
case may be] ordered both plaintiffs and defendants to file
affidavits of discovery, and to produce, if required , for mutual
inspection the documents therein set forth, within there days.


18 E. F. filed affidavit of discovery.

19 G. H. filed affidavit of discovery.

22 E. F. filed notice of trial.

26 E. F. produced (is witnesses [state names of witnesses], who
having been sworn, were exanimed. orally in court, the said
[state names] having been sworn and examined by interpreta-
tion of [state name of interpreter] interpreter of the

language. Present [state names of assessors present if
any] assessors.




19
Jan 26 g.h. produced as witnesses, etc., [as above]
the court having heard [state whether plaintiffs and de-
fendants, or their counsel or solicitors, as the case may be],
and having been assisted by [state names and descriptions of
assessors, if any], pronounced in favour of the plaintiffs [or
defendants] and condemned the defendants [or plaintiffs] and
their bail [iuf bail has been given] in the amount to be found
due to the plaintiffs [or defnedants] [and in costas]. and the
court ordered that an account should be taken, and referred
the same to the registrar [assisted by merchants] to report
the amount due, and ordered that all accounts and vouchers,
with the proofs in support thereof, shounld be filed within
days [or as the case may be].

Feb. 5 E.F. filed statement of claim, with accounts and vouchers
in support thereof [numbered 1 to ], and affidavits of
[state names of deponents, if any],

Feb 8 G.H. filed accounts nad vouchers [numbered 1 to ]
in answer to claim.

Feb 9 E.F. filed notice for hearing of reference.

Feb 15 E.F. [or G.H.] filed registrar's report, etc.

Here insert address for service Here insert address for service
of documents required to be of documents required to be
served on the plaintiffs. served on the defendants.

Note : -the above minutes are given as such as might ordinarily be required in an action
in rem for damage by collision, where pleadins have been ordered. In some
actions many of these minutes would be superfluous. In others additional
nubytes wiykd ve required.

II. FEES OF COURT AND ASSESSORS FEES

COURT FEES [RULES 164 AND 165]

1. Sealing any warrant, release, commission, attachment, or
other instrument requiring to be sealed (other than a
writ of summons or subpoena) 10.00
2. Filing a bail-bond 5.00
3. Order for reference 10.00
4. Filing proliminary act 5.00
5. Notice issued by registrar 1.00
6. Biliff attending unlivery of cargo (to be paid in caseh)
for each day 10.00
7. Bailiff executing any commission of appraisement, or
sale, or appraisement and sale, exclusive of the fees,
if any, paid to the apprasier and auctioneer 5.00


8. Bailiff executing any other commission or instrument, or
any warrant or attachment ... ...2.50
9. On the gross proceeds of any ship or goods, etc., sold by
order of the court (to be deducted from the proceeds
in court) if not exceeding $1,000 10.00
10. For every additional $1,000 or part thereof 5.00
11. For every matter or proceeding not above spocified the same fee
as is taken in the original jurisdiction in respect of a similar matter
or proceeding.
ASSESSORS' FEES
1. For each nautical or other assessor, whether at the ex- from
amination of witnesses, or at the trial of an action, or at the $10.00
hearing of an appeal, or upon any, assessment of damages or to
taking, of an account, according to the case, per diem. $50.00

NOTE. -The above fees shall be paid to the Registrar for the assessors in cash and in the
first instance by the party preferring that claim or, in the case of an appeal, by
the appellant.
[Originally No. 13 of 1896. Law Rev. Ord., 1924.] Short title. Admiralty rules. Schedule. Interpretation. Kinds of action. Action for condemnation of ship, etc. Number and title of action. Appendix. Forms Nos. 1, 2, 3. Indorsement, teste, and form of writ. Appendix. Forms Nos. 4, 5, 6, 7. Indorsement in certain actions. Indorsement of address of plaintiff. Issue of writ. Amendment of writ. Mode of service in action in rem. Service where access cannot be obtained to property. Service in action in personam. Mode of service on firm. Mode of service on corporation, etc., Mode of service in case of disability, etc. Time for service, etc. certificate of service. Appendix. Form No. 8. Filing of appearance. Appearance after time. Indorsement on appearance of set-off or counter-claim. Particulars of appearance. Appendix Forms Nos. 9, 10. Joinder of parties having same interests. Power to order person interested to come in. Case of underwriter, etc. Terms in case of person coming in. Cases for consolidation. Consolidation for trial, etc. Warrant for arrest of property and affidavit to lead warrant. Appendix, Form No. 11. Substance of affidavit. Particulars of affidavit in certain actions. Production of bottomry bond in action for bottonry. Issue of warrant not-withstanding certain defects. Preparation, etc., of warrant appendix. Form No. 12. Mode of service of warrant. Service on Sunday, etc. Filing of warrant. Certificate of service. Appendix. Form No. 13. Mode of giving bail. Preparation, etc., of bail-bond. Appendix Forms Nos. 14, 15. Signing by surety. Justifying by surety. Commission to take bail, etc. Commissioner not to be interested. Notice of bail to adverse party. Appendix. Form No. 16. Objection to surety. Appendix. Forms Nos. 17, 18, 19. Issue of release by the court. Cases in which release may be issued by Registrar. Release in case of arrest for salvage. Refusal of Registrar to issue release. Preparation, etc., of release. Appendix. Form No. 20. Mode of service of release. Release of property arrested. Filing of preliminary act in action for damage by collision, and particulars thereof. No pleadings without order. Time for pleading, if ordered. Pleading set-off or counter-claim. Form of pleading. Appendix. Form No. 21. Setting out document. Application to decide question of fact or of law. Amendment of pleading. Statement of questions at issue in special case. Direction for special case, etc. Form if special case. Signing and filing of special case. Filing of notice of motion and affidavits. Forms of notice of motion. Appendix. form No. 22. Time before hearing for filing notice of motion. Hearing and order. varying or rescinding order. Mode of making tender. Acceptance or rejection of tender. Appendix. Forms Nos. 23 and 24. Suspension of proceedings pending acceptance or rejection. Taking of evidence by shorthand writer. Printing of pleadings and proofs. Printing of preliminary acts. Appointment of assessors. fees of assessors. Mode of setting down. Appendix Form No. 25. Setting down in case of non-appearance. Setting down in case of appearance. Taking of accounts. Notice of trial. Right to begin. Where several plaintiffs, etc. General course of proceedings. Hearing of counsel. Judgement where action uncontested. Reference for assessment of damages, etc. Proceedings on reference. Attendance of counsel. Report of result. Appendix. Form No. 26. Notice and filing of report. Motion to vary report. Order on hearing of motion. Confirmation of report. General rule as to costs. Barristers' and solicitors' costs. Half costs. Meaning or sum in dispute. Lump sum in lieu of costs. Order for bail for costs. Costs in case of tender. Filing of bill and notice of taxation. Proceeding with taxation. Application for review of taxation. Taxing authorities. Costs of taxation in certain case. Order for appraisement or sale. Order for sale forth-with. Sale of property of small value. Removal of property, etc. Commission for appraisement, etc. Appendix. Forms Nos. 27-32. Filing of commission with return. Payment into court of proceeds of sale. Taxation of bailiff's account. Application to review taxation. Inspection of property. Appendix. Form No. 33. Discontinuance by plaintiff and consequences thereof. Appendix. Forms Nos. 34, 35. Filing and effect of consent. Notice of motion for appeal. Service of notice. Calling in and fees of assessors. Powers and duties of the Full Court. Decision of the Full Court. Position of respondent as regards variation if decision. Time for appeal. Effect of appeal on proceedings. Filing of notice of appeal and giving of bail for costs. Appendix. Form No. 36. Carrying decree into effect not-withstanding appeal. Prosecution of appeal. Preparation of process. Contents and transmission of process. Mode of making payment. Completion of payment. Mode of making payment. Appendix. Form No. 37. Caveat to prevent arrest of property. appendix. Forms Nos. 38, 39. Caveat to prevent release of property. Appendix. Forms Nos. 40, 41. Caveat to prevent payment of money out of court. Appendix. Forms Nos. 42, 43. Caveat by person not party to action. Consequence of entry of caveat warrant. Consequence of entry of caveat release or caveat payment. Withdrawal and over-ruling of caveat. Appendix. Form No. 44. Order for payment to party entitled. appendix. From No. 45. Attachment for disobedience of contempt. Appendix. Form No. 46. Committal of person attached. Appendix. Forms Nos. 47, 48. Execution of instrument issued from the court. Preparation and issue of instrument. Date of document. Time for service of document. Instructions for execution of instrument. Mode of giving notice from Registry. Mode of filing document. Appendix. Form No. 49. Filing of several documents. Certificate of service of copy upon adverse party. Keeping and particulars of minute book. Appendix Forms Nos. 50-53.Keeping of caveat books. Inspection thereof. Inspection of records of action. Restriction of right of inspection. Inspection of records of terminated action. Right to office copy of document. Use of forms. Appendix.-I. Table of court fees. appendix-II. Mode of payment of court fees. Appendix.-II Fees of assessors. Appendix.-II Allowance of fees on taxation. Half fees. Regulation of practice and procedure outside the rules. Postponement of right of person lending or selling in consideration of share of profits in case of insolvency.

[Originally No. 13 of 1896. Law Rev. Ord., 1924.] Short title. Admiralty rules. Schedule. Interpretation. Kinds of action. Action for condemnation of ship, etc. Number and title of action. Appendix. Forms Nos. 1, 2, 3. Indorsement, teste, and form of writ. Appendix. Forms Nos. 4, 5, 6, 7. Indorsement in certain actions. Indorsement of address of plaintiff. Issue of writ. Amendment of writ. Mode of service in action in rem. Service where access cannot be obtained to property. Service in action in personam. Mode of service on firm. Mode of service on corporation, etc., Mode of service in case of disability, etc. Time for service, etc. certificate of service. Appendix. Form No. 8. Filing of appearance. Appearance after time. Indorsement on appearance of set-off or counter-claim. Particulars of appearance. Appendix Forms Nos. 9, 10. Joinder of parties having same interests. Power to order person interested to come in. Case of underwriter, etc. Terms in case of person coming in. Cases for consolidation. Consolidation for trial, etc. Warrant for arrest of property and affidavit to lead warrant. Appendix, Form No. 11. Substance of affidavit. Particulars of affidavit in certain actions. Production of bottomry bond in action for bottonry. Issue of warrant not-withstanding certain defects. Preparation, etc., of warrant appendix. Form No. 12. Mode of service of warrant. Service on Sunday, etc. Filing of warrant. Certificate of service. Appendix. Form No. 13. Mode of giving bail. Preparation, etc., of bail-bond. Appendix Forms Nos. 14, 15. Signing by surety. Justifying by surety. Commission to take bail, etc. Commissioner not to be interested. Notice of bail to adverse party. Appendix. Form No. 16. Objection to surety. Appendix. Forms Nos. 17, 18, 19. Issue of release by the court. Cases in which release may be issued by Registrar. Release in case of arrest for salvage. Refusal of Registrar to issue release. Preparation, etc., of release. Appendix. Form No. 20. Mode of service of release. Release of property arrested. Filing of preliminary act in action for damage by collision, and particulars thereof. No pleadings without order. Time for pleading, if ordered. Pleading set-off or counter-claim. Form of pleading. Appendix. Form No. 21. Setting out document. Application to decide question of fact or of law. Amendment of pleading. Statement of questions at issue in special case. Direction for special case, etc. Form if special case. Signing and filing of special case. Filing of notice of motion and affidavits. Forms of notice of motion. Appendix. form No. 22. Time before hearing for filing notice of motion. Hearing and order. varying or rescinding order. Mode of making tender. Acceptance or rejection of tender. Appendix. Forms Nos. 23 and 24. Suspension of proceedings pending acceptance or rejection. Taking of evidence by shorthand writer. Printing of pleadings and proofs. Printing of preliminary acts. Appointment of assessors. fees of assessors. Mode of setting down. Appendix Form No. 25. Setting down in case of non-appearance. Setting down in case of appearance. Taking of accounts. Notice of trial. Right to begin. Where several plaintiffs, etc. General course of proceedings. Hearing of counsel. Judgement where action uncontested. Reference for assessment of damages, etc. Proceedings on reference. Attendance of counsel. Report of result. Appendix. Form No. 26. Notice and filing of report. Motion to vary report. Order on hearing of motion. Confirmation of report. General rule as to costs. Barristers' and solicitors' costs. Half costs. Meaning or sum in dispute. Lump sum in lieu of costs. Order for bail for costs. Costs in case of tender. Filing of bill and notice of taxation. Proceeding with taxation. Application for review of taxation. Taxing authorities. Costs of taxation in certain case. Order for appraisement or sale. Order for sale forth-with. Sale of property of small value. Removal of property, etc. Commission for appraisement, etc. Appendix. Forms Nos. 27-32. Filing of commission with return. Payment into court of proceeds of sale. Taxation of bailiff's account. Application to review taxation. Inspection of property. Appendix. Form No. 33. Discontinuance by plaintiff and consequences thereof. Appendix. Forms Nos. 34, 35. Filing and effect of consent. Notice of motion for appeal. Service of notice. Calling in and fees of assessors. Powers and duties of the Full Court. Decision of the Full Court. Position of respondent as regards variation if decision. Time for appeal. Effect of appeal on proceedings. Filing of notice of appeal and giving of bail for costs. Appendix. Form No. 36. Carrying decree into effect not-withstanding appeal. Prosecution of appeal. Preparation of process. Contents and transmission of process. Mode of making payment. Completion of payment. Mode of making payment. Appendix. Form No. 37. Caveat to prevent arrest of property. appendix. Forms Nos. 38, 39. Caveat to prevent release of property. Appendix. Forms Nos. 40, 41. Caveat to prevent payment of money out of court. Appendix. Forms Nos. 42, 43. Caveat by person not party to action. Consequence of entry of caveat warrant. Consequence of entry of caveat release or caveat payment. Withdrawal and over-ruling of caveat. Appendix. Form No. 44. Order for payment to party entitled. appendix. From No. 45. Attachment for disobedience of contempt. Appendix. Form No. 46. Committal of person attached. Appendix. Forms Nos. 47, 48. Execution of instrument issued from the court. Preparation and issue of instrument. Date of document. Time for service of document. Instructions for execution of instrument. Mode of giving notice from Registry. Mode of filing document. Appendix. Form No. 49. Filing of several documents. Certificate of service of copy upon adverse party. Keeping and particulars of minute book. Appendix Forms Nos. 50-53.Keeping of caveat books. Inspection thereof. Inspection of records of action. Restriction of right of inspection. Inspection of records of terminated action. Right to office copy of document. Use of forms. Appendix.-I. Table of court fees. appendix-II. Mode of payment of court fees. Appendix.-II Fees of assessors. Appendix.-II Allowance of fees on taxation. Half fees. Regulation of practice and procedure outside the rules. Postponement of right of person lending or selling in consideration of share of profits in case of insolvency.

https://oelawhk.lib.hku.hk/items/show/1167

1923

v2

4

No. 6 of 1896

71