LEGAL PROCEEDINGS AGAINST ENEMIES ORDINANCE, 1917

LEGAL PROCEEDINGS AGAINST ENEMIES ORDINANCE, 1917

No. 22 of 1917.

An Ordinance to facilitate legal proceedings against enemies
in certain cases.

[5th October, 1917.]

1. This Ordinance may be cited as the Legal Proceedings
against Enemies Ordinance, 1917.

2.-(1) Leave may be given to issue a writ of summons
in the Snpreme Court for service on an enemy out of the
jurisdiction or of which notice is to be given to an enemy
out of the jurisdiction if the court is satisfied that the case
is a case to which this section applies, and the court may, on
application made at the tinie leave 's so given or at any
subsequent time, if satisfied that the writ cannot promptly be
served or brought to the notice of the enerny defendant by
any of the usual means, make an order (in this Ordinance
referred to as an enemy service order) directing substituted

or other service of the writ or the substitution of notice for
service by itteans of advertisement or otherwise; and on. that
order being complied with, all proceedings may be taken on
the claim as if the writ had been served on the enemy
defendant by the usual means.

(2) The Chief Justicemay make such rules as he thinks
fit for expediting proceedings and regidating procedure

generally in a case where an enemy service order has been
made and the eitemy defendant does not appear; and any
rules so made shall have effect -is if they wore included in
the rules of court for the time being in force.

(3) The court, where an enemy service order has been
rnade and it appears not to be practicable to obtain the best
evidence of any document which is in the opinion of the
court material to the case, may admit such other evidence
thereof as appears proper in the circumstances.

(4) The court shall have power, where an enemy service
order has been made and the enemy defendant does not
appear, to order the plaintiff, though successful, to pay the
whole or any part of the costs of the proceedings, if the court
considers that it is just to do so in the special circumstances
of the case.





(5) The fact that, for the purpose of obtaining the benefit
of this section, a writ of summons has been indorsed only
with a claim for a declaration in accordance therewith shall
not prevent any other declaration or any consequential or
other relief being claimed in other proceedings, or prevent
the case being dealt with, although no such other declaration
or consequential or other relief is claimed.

(6) This section applies to cases where-

(a) the plaintiff is a British subject and is entitled for the
time being to bring an action in the Supreme Court; and

(b) the defendant or one of the defendants is an enemy;
and

(c) the writ is indorsed only with a claim for a declaration
as to the effect of the present war on rights -or liabilities
of the plaintiff or defendant under a contract entered into
before the outbreak thereof ; and

(d) there is written evidence of the contract.

3. For the purposes of this Ordinance,
(a) British subject includes a. corporation incorporated
in His Majesty's dominions.

(b) Enemy means any persons or body of persons of
whatever nationality resident or carrying on business in
an enemy country, but does not include persons of enemy
-nationality who are neither resident nor carrying on business
in an enemy country.

(c) Outbreak of war shall, as respects any enemy, be
construed as referring to the date of the outbreak of war
with the enemy country in which the enemy is resident or
carrying on business.


4. Nothing in this Ordinance shall prejudice or interfere
with any powers of the court to give leave to issu6 a writ of
summons or to adjourn, postpone, or otherwise deal with,
any proceedings on any claim against an. enemy, and the
court may, if it appears on any proceedings in a case where
an enemy service order has been made that for any reason
the case cannot properly be dealt with under this Ordinance,
dismiss the case, without prejudice to any subsequent
proceedings in the same matter.

As amended by law Rev. Ord., 1924.
[Originally No. 22 of 1917. Law Rev. Ord., 1934.] Short title. 5 & 6 Geo. 5, c. 36, s. 5. Provision with respect to writs issued against enemy in certain cases. 5 & 6 Geo. 5, c. 36, s. 1. Interpretation. 5 & 6 Geo. 5, c. 36, s. 2. Saving. 5 & 6 Geo. 5, c. 36, s. 3.

[Originally No. 22 of 1917. Law Rev. Ord., 1934.] Short title. 5 & 6 Geo. 5, c. 36, s. 5. Provision with respect to writs issued against enemy in certain cases. 5 & 6 Geo. 5, c. 36, s. 1. Interpretation. 5 & 6 Geo. 5, c. 36, s. 2. Saving. 5 & 6 Geo. 5, c. 36, s. 3.

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1923

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No. 22 of 1917

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