SUPREME COURT (ADMIRALTY PROCEDURE) ORDINANCE, 1896
Title
SUPREME COURT (ADMIRALTY PROCEDURE) ORDINANCE, 1896
Description
No. 6 of 1896.
An Ordinance to 7egulate the Admiralty procedwre of the
Supreme Court.
[1st September, 1896.]
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.
As amended by No. 34 of 1931 [1.1.32].
SCHEDULE. 2.]
HONG KONG.
RULES OF PROCEDURE FOR THE
ADMIRALTY JURISDICTION OF THE SUPREME COURT.
1. In these rules-
(a) ---Action --- means any action, cause, suit, or other proceed-
ine instituted in the court;
(b) ---The court--- means the Supreme Court of Hong Kong and
includes any jud-e thereof, whether sitting in court or in cliarnbers;
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(c) ---Defendant---includes the defendant's solicitor, if he appears
by a solicitor;
(d) ---Party--- includes the party's solicitor, if he sues or appears
by a solicitor;
(e) ---Plaintiff ' includes the plaintiff's solicitor, if lie sues by a
solicitor;
The llec,,istrar--- means the Registrar of the court;
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The Refistry---means the Registry of the court;
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(h) Ship ' includes every description of vessel used in naviga-
tion not propelled by oars only.
Actions.
2. Actions shall be of two kinds, actions in rent and actions
in personam.
3. Actions for condemnation of any ship, boat, cargo, proceeds,
or effects, or for recovery of any pecuniary forfeiture or penalty,
shall be instituted in the name of the Crown.
4. All actions shall be numbered in the order in which they -are
instituted, and the number given to any action * shall be the dis-
tinguishing number of the action, and shall be written or printed on
all documents in the action as part of the title thereof.
Writ of summons.
5. Every action shall be commenced by a writ of summons,
which, before being issued, shall be indorsed with a statement of
the nature of the claim, and of the relief or remedy required, and
of the amount claimed, if any. Such writ shall be tested in the
As amended by Law Rev. Ord., 1937.
name of the Chief Justice and shall bear date the day whereon the
same is issued.
6. In an action for peaman's or master's wages, or for master's
wages and disbursements, or for necessaries, or for bottomry, or in
any action in which the plaintiff desires an account, the indorsement
on the writ of summons may include a claim to have ail account
taken.
7. The writ of summons shall be indorsed with the name and
address of the piaintiff, and with an 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 re-
quired to be served upon him.
8. The writ of suninions shall be prepared and indorsed by the
plaintiff, and shall be issued under the seal of the court, and a copy
of tile writ and of all the indorsements thereon, signed by the plain-
tiff, shall be left in the Registry at the time of sealing the writ.
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9. The court may allow the plaintiff to amend the writ of
summons and the indorsements thereon in such manner and on such
terms as to the court may seem fit.
Service of writ of 8ummons.
10. In an action in rem the writ of summons shall be served-
(1) upon ship, or upon cargo, freight, or other property, if, ' the
cargo or other property is on board a ship, by attaching the writ for
a short time to the mainmast or the single mast, or to some other
conspicuous part of the ship, and by leaving a copy of the writ
attached thereto;
(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 and by leaving with him a copy of the writ; and
(4) upon proceeds in court, by showing the writ to the Registrar
and by leaving with him a copy of the writ.
11. If access cannot be obtained to the property upon which
the writ is to be served, it 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.
As amended by Law Rev. Ord., 1937.
12. In an action in personam, the writ of summons shall be
served by showing it to the defendant, and by leaving with him
a copy of the writ.
13. A writ of summons against a firm may be served upon any
member of the firm or upon any person appearing at the time of
service to have the. management of the business of the firm.
14. A writ of summons against a corporation or a public com-
pany 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 iffor any
cause personal service cannot, or cannot promptly, be effected, or
if in any action, whether in rem or in personam, there is any doubt
or difficulty as to the person to be served or as to the mode of
service, the 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 from 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.
Appearance.
18. A party appearing to a writ of summons- shall file an appear-
ance at the place 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 remedy 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 con-
veniently disposed of in the action, the court may order it to be
struck out.
21. The appearance shall be signed by the party appearing, and
shall state his name and address, and an address within the Colony,
to be called an address for service, not more than three miles from
the Registry, at which it shall be sufficieDt to leave all documents
required to be servedupon him.
As amended by Law Rev. Ord., 1937.
Parties.
22. Any number of persons having interests of the same nature
arising out of the samp matter may be joined in the same action,
whether as plaintiffs or as defendants.
23. The court may prder 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 be given to and
served upon him, and may give such further directions in the -Inatter
as to the court may seem fit.
Consolidation of actions.
26. Two or more actions in which the questions at issue are
substantially the same, or for matters which might properly be com-
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bined in one action, may be consolidated by order of the court, on
such terms as may seem fit.
27. The court may, in its discretion, order several actions to
be tried at the same time and on the same 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 act-ion, and the other actions
to be stayed to abide the result.
Warrants.
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.
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.-
* AS anended by Law Rev. Ord., 19357.
(2) In an action for necessaries, or an action by the owner, or
consi-Dee, or assignee of any bill of lading of any goods imported
into the Colonyin 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 belief, no owner
or part owner of the ship was domiciled in the Colony at the time
of the institution of the action.
(3) In an action between co-owners relating to the ownership,
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possession, employment, or earnings of any ship registered in the
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Colony, the affidavit shall also state the number of shares in the
ship owned by the party proceeding
31. In an action for bottomry the bottoinry bond in original, and,
if it is in a foreign language, q translation thereof, shall be produced
for the inspection and perusal of the Re-istrar, and a copy of the
bond, or of the translation thereof, certified to be correct, shall be
annexed to the affidavit.
32. The Recistrar may, if he thinks fit, issue a warrant although
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the affidavit does not contain all the prescribed particulars, and, in
an action for bottomry, although the loond has not been produced;
or he may refuse to issue a warrant without an order of the court.
33. The warrant shall be prepared in the Registry, and shall be
signed by the Begistrar, and issued under the seal 0 of the court.
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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 a public or general holiday as
well as on any other day.
36. The warrant shall be filed by the bailiff within one week
after service thereof has been completed, with a certificate of service
indorsed thereon.
37. The certificate shall state by whom the warrant has been
served, and the date and mode of service, and shall be signed by
the bailiff.
As amended by Law Rev. Ord., 1937.
Bail.
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
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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.
40. Sureties may attend to sign a bond 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 justifica-
tion shall be 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 upo~
the adverse party, and a certificate of such service shall be indorsed
on the bond by the party filing it.
45. If the adverse party, is not satisfied with the sufficiency of
any surety, he may file a notice objecti~g to such surety or requiring
him to justify, if he.has not already done so.
Releases.
46. A release for property arrested by wa rrant may be issued
by order of the court.
47. A release may also be issued by -the Registrar, unless there
is a caveat outstanding against the release of the property-
(1) on payment into court of the amount claimed, or of the
M amended by Law Rev. Ord., 1937.
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 on e or more bail-bonds being filed for the amount claimed
or for the appraised value of the property arrested; 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 whose 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 dis-
missal 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.
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51. The release shall be served upon the bailiff either personally
or by leaving it at his office, by the party by whom it is taken out.
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52. On service of the release and on payment to the bailiff of
all fees due to and charges incurred by him in respect of the arrest
and custody of the property, the property shall be at once released
frIom arrest.
Preliminary acts.
53. In an action for damage by collision, Cach party shall,,
within one week from an appearance being entered, file a preliminazy
act, sealed up, signed by the party, and containing a statement ~f
the following particulars:-
(1) the names of the ships which came into colUsion, and the
names of their masters;
As amended by Law Rey. Ord., 1937.
As amended by No. 33 of 19M [15.4.35].
(2), the time of the collision;
(3) the place of the collision;
(4) the direction and force of the wind;
(5) the state of the weather;
(6) the state and force of the. tide;
(7) the course and speed of the ship when the other was first
seen;
(8) the lights, if any, carried by her;
(9) the distance and bearing 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;
(14) the Bound signals, if any, wbich were given,. and when; and
(15) the sound signals, if any, which were heard from the other
ship, and when.
Pleadings.
54. After appearance any party to an action may apply to 'the
court for an order for pleadings. If no such application is made,
or if on such application pleadings are not ordered, the action shall
be heard without pleadings. 1
55. If an order 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 the filing of the answer,
the plaintiff shall file his reply, if any: and there shall be no pleading
beyond the reply, except by permission of the court.
66. The defendant may, in his answer, plead any set-oll or
counterclaim. But if, in the opinion of the court, such set-off or
counterclaim cannot. be cony ' eniently disposed of in the action, the
court may order it to be struck out.
57. Every pleading shall be divided into short paragraphs,
nWnbered consecutively, which shall state concisely the facts on
which the party relies, and shall be signed by thSE). It shall not be necessary to set out in an pleading the
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words of any document referred to therein, except so far as the
precise words of the document are material.
As amended by No. 33 o f 1932 [15.4.331.
As amended by Law Rev. Ord., 1937.
59. Either party' may apply to the court to decide forthwith
any question of fact or of law raised by any pleading, and the court
shall thereupon make such order as may seem.fit.
60. Any pleading may at any time be amended, either by con.
sent 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 raised in a
special case or in such other manner as may seem expedient.
63. Every special case shall be divided into paragraphs, number-
ed consecutively, and shall state concisely such facts and documents
as may be necessary to enable the court to decide the question at'
issue.
64. Every special case shall be signed by the parties, and rnay
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.
66. The notice of motion shall state . the nature of the order
desired, the day on which the motion i's to be made, and whether in
court or in chambers.
67. nxeept by consent of the adverse party or by order of the
court, the notice of motion shall be filed twenty-four hours atleast
before the time at which the motion is made.
68. When the motion comes on for hearing the court, after
hearina the parties or, in the absence of Any of t~em, on proof that
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the notice of motion has been duly served, may make such order as
to the court may seem fit.
69. The court may, on due cause shown, vary or rescind any
order previously made.
* As arnended by Law Rev. Ord., 1937.
Tender.
70. A party desiring to make a tender in satisfaction of the
whole or any part of the adverse part);;s claim shall pay into court
the a!mount tendered by him, and shall file a notice of the terms
on which the tender is made.
71. Withm a week from the filing of the notice, the adverse
part ~ shall file a notice, stating whether he accepts or rejects the
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tender, and, if he does. not do so, he shall be held to have rejected
it.
~2. Pending the acceptance or rejection of a tender, the proceed-
ings :shall be suspended.
Shorthand writer.
~3. The court may order, the evidence of the witnesses, whether
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 evidence; and a transcript of the
shorthand writer's notes, certified by him ho 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.
Printing.
11. The court may order that the whole of the pleadings and
written proofs, or any part thereof, shall be printed before the trial;
and ~he printing shall, be in such manner and form as Ihe court may
order~
75. Preliminary acts, if printed, shall be printed in parallel
columns.
As8essors.
76. The court, on the application of any party or without any
such. application, if of opinion that the nature of the case requires
it, may appoint one or more assessors 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 i
by the plaintiff, unless the court otherwise orders.
As amended by Law Itev. Ord., 1937.
Setting down action for trial.
78. An action shall be set down for trial by filing a notice of
trial.
79. If there has not been any appearance, the plaintiff may set
down the action for trial, on obtaining from the judge leave to proceed
ex paTte--
(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 an action in rem (not bei ng an action against proceeds in
court), after the expiration of two weeks from the filing of the
warrant.
80.-(1) If there has been an appearance, either party may set
down the action for trial-
(a) after the expiration of one week from the entry of the 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 ordered, when the last pleading has
been filed: or when the tim ' e allowed to, the adverse party for filing
any pleading has expir ' ed without such pleading having been filed.
(2) In a collision case the preliminary acts,may be opened as
soon as the action has been set down for trial.
81. Vhere the writ ' of summons has been indorsed, with a claim
to have an account taken., or the liability has beet! admitted 'Or
determined, 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 accounts and vouchers, and the proofs in support thereof,
shall be filed, and at the expiration of that time, either party may
have the mattet set down for triaL
Trial.
82. After the action has 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 a 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 Pr which defendant shall begin.
* As amended by Law Rev. Ord., 1937.
85. The party beginning shall first address the court, and then
prodube 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 shalf have a right to sum up
their evidence. In every case the party beginning shall have the
right to reply, 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 ease requires it, may
allow two counsel to be heard on each side.
87. If the,action is uncontested, the court may give judgment
on the evidence adduced by the plaintiff.
References.
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 mutancLis to a
reference to the Registrar, and. the Registr~r may adjourn the preh-
ceedings from time to time and from place to place, if he thinks
necessary.
90. Counsel may attend the hearing of any reference, but the
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costs so incurred shall not be allowed-on taxation unless the Registrar
certifies that the attendance of counsel was necessary.
91. When a reference has been heard, the Registrar shall draw
up a report in writing ' of the result, showing the amount, if any,
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found due, and to whom, together with any further particulars that
may be necessary.
992. When the report is ready, notice shall be sent to the parties,
and either 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 to the Registrar
for further inquiry or report.
As amended by Law Rev. Ord., 1937.
95. If no notice of motion to vary the report is filed within two
weeks from the filing of the report, the report shall stand confi~med.
Costs.
96. Subject to the provisions of ~hesc rules, the costs of the
whole action, and of each particular proceeding therein, and of every
proceeding before the court shall be in the discretion ot the 'Cour~;
and the court shall have full power to awardand apportion costs
in any manner it may deem proper.
97. Subject to the provisions of these rules, barristers' and
solicitors' costs shall be allowed on taxation upon the 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
exceed 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, sumin. 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 the loss of his clothes and effects 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 rejected, but is afterwards accepted, or is
held by the court to be sufficient, the party rejecting the tender
shall, unless the court otherwise orders, be condemned in the costg
incurred after fender made.
Taxa,tion of costs.
103. A party desiring to have a bill of costs taxed shall file the
bill, and, as soon as conveniently may be, the Registrar shall send
to the parties notice of the time at which. the taxation will take
place.
104. At the time appointed, if either party is present, the taxa-
tion shall be proceeded with.
105. Within one week from the completion of the taxation,
application may be 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 solicitor and client as between party and party.
107. If, in a taxation between solicitor and client, more than
one-sixth is struck off, the solicitor sh-all pay all.the costs attending
the taxation.
Appra,isement and stile, etc.
108. The court may,.either before or after final judgment, order
any property under the arrest of the court to be appraised or to be
sold with or without appraisement and either by public auction or
by private contract.
109. If the property is deteriorating in value, the court may
order it to be sold forthwith.
110. If the property to be sold is of small value, the court may,
in its discretion, order it to be sold without a commission of sale
bein. 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 ai-rest on board ship to be discharaed.
112. The appraisement, sale, and removal of property, 'the dig-
charge 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. .
113. The commission shall, as soon as po~ssible after its execution,
be filed by the bailiff, with a return setting forth the manner in
which it has 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,
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and shall, with thecommission, file his accounts and voxichers in
support thereof.
115. The Registrar 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 proceeds may be heard before the
Registrar on the taxation.
As arnended by Law Rev. Ord., 1937,
116. Application may be 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 io be inspected.
Discontinuance.
118. The plaintiff may at any time discontinue his action, by
filin. a notice to that effect, and the defendant shall thereupon be
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entitled - to have judgment entered for his costs of action, on filing
a notic
c to enter the same. The discontinuance of -,in action by the
plaintiff shall not prejudice any -action. consolidated therewith or any
counterclaim previously 'set tip by the defendant.
Consents.
119. Any consent in writina si-ned by the parties may, by
permission of the Begistrar, be filed, and shall thereu become an
order of court. pon
Appeals to the Ful 1 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 o~ly of the judgment or order appealed
from is complained 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 pos~pone the hearing of the appeal on
such terms as may seem 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 discreti on, call in the aid of one
.or more assessors, whose fee~ shall be paid in the firsfinstance by the
appellant, unless the Full Court otherwise orders.
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 m.ty require, or to
As amended by Law Rev. Ord., 1937.
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,
be brought after the expiration of one month.
127. An appeal shall not operate as a stay of execution or ol
proceedings under the decision appealed from, 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..I
128. A party desiring to appeal to His Majesty in Council from
any decision of the' Full Court shall, within one month from the date
of the decree or order appealed from, file a notice of appeal, 'and give
bail in such sum, not exceeding
to answer the costs of the appeal.
129. Subject to any order of His Majesty'i n Counci 1 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
0
steps as may be required by the practice of the Judicial Committee
of the Privy Council.
Ptuies 128 to 132 relate only to the proceedings to be taken in the Supreme
Court of Hong Kong. Appeal lies to the Judicial Committee of
the Privy Council from the Supreme Court of Horg Kong. See s. 6
of the Colonial Courts of Admiralty Act, 1WO, 53 & 54 Vict. c. 27.
The right of appeal has been defined and regulated by Order of
H.M..in Council dated 10th August, 1909, (S. R. & 0. 1909, p. 805).
For practice and procedure see H.M. Order in Council of 11th
December, 1865, (S. R. & 0. Rev. 19M VI Judicial Committee, ~. 98)
and the Judicial Committee Rules, 1925, (H.M. Order in Council of
2nd May, 1925-G.N. 207 of 1927).
As amended by Law Rev. Ord., 1937.
131. On sbrv.ice of the monition for process, the Registrar shall
forthwith prepare the process at the expense of the party ordering the
132. The process, which shall consist of a copy of all the pro-
ceedin.s in the action, shall'be signed by the Begiqtrar and sealed
0 cl . cl
Avith the seal of the court, and shall be transmitted by the Beaistrar
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 intd*the Supreme Court.
134. A receipt,for the amount shall be filed, and thereupon the
payment into court shall be deemed to be complete.
Payinents out, o f court.
V25. No money shall be paid out of court except on an order
signed by a judge. ' Subject as aforesaid, all payments out of court
shall be made in accordance with and subject to the provisions of any
Ordinance or rule of court with reference to payments out of the
Supreme' Court.
Caveats.
136. Any person desiring to prevent the arrest of any property
may file a notice undertaking, within three days after being required
to do so, to give bail to any action or countirclairn that, may have
been or ma be brought against the property, and thereupon the
y 0 1
Reaistrar shall enter a caveat in the caveat warrant book mentioned
0
in rule 157.
137. Any person desiring to prevent the release of any property
under arrest shall file a notice, and thereupon the Registrar shall
enter a caveat in the caveat release book mentioned in rule 157.
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 mentioned in rule 157.
As aniended hy Law Rev. Ord., 1937.
139. If the person entering a caveat is not a party to the action,
the notice shall state his name and address, and an address within
three miles of*the, Registry, at which it shall be sufficien't to leave all
documents required to be served upon him.
140. The entry of a caveat war ' rant s ' hall not prevent the issue
of a warrant, but a party at whose instance a warrant is iss-ded for
the arrest of any property in respect of which there is a caveat
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 caveat 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 with-
drawing it.
(2) The court may over-rule, any caveat.
Orders for payment.
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 any money
in wurt applicable for, the 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, whom 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.
Attachments.
145. 11 any person disobeys an order of the court or commits a
contempt of court, the judge may order him to be attached.
As amended by Law Rev. Ord., 1937.
146.-
. (1) The person attached shall, without delay, be brought
before the court,, and if he persi ' sts in his disobedience or contempt,
the court mdy order him to be committed.
(2) The order for committal shall be executed by the bailiff.
Instruments, etc.
147. The bailiff shall execute by himself or his officer all instru-
ments issued from the 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 siped by the Registrar, and shall be issued under the seal of
the court.
149. Every document issued under the seal of the court shall bear
date on the day of sealing, and shall be deemed to be issued at the
0
time of the sealing thereof.
150. Every document requiring to be served shall be shryed
within six months from the date thereof, otherwise the service shall
not b6 valid.
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
instructions 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 lor service of the party to whom notice is to
be.given.
Filing qf 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.
154. Any number of documents in the same action may be filed
with one and the same minute.
As amended by Law Rev. Ord., 1937.
155. No document, except preliminary acts, bail-bonds, docu-
ments issued from the Regi try, and minutes, shall be filed without
,S
signed by the party filing the same,
a certificate indorsed thereon, 0
that a copy thereof has been served upon kilhe adverse party, if any.
Records of the court.
156. There shall be kept in the Registry a book, to be called the
0
minute book, in which the Registrar shall enter in order of date,
under the head of each action, and on a page numbered with the
number of the action, a record of the commencement of the action,
of all appearances entered, ill documents issued 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.
157. There shall be kept in the Registry a caveat warrant book,
0
a caveat release book, and a caveat payment book, in which all such
caveats respectively and the withdiawal thereof shall be entered by
the Registrar.
158. Any solicitor may, free of charge, inspect the minute and
caveat books.
159. The parties to an 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 be
entitled to inspect the records in a pending action without the per-
mission of the Re.-istrar.
161. In an action which is terminated, any person may, on pay-
ment. of a search fee, inspect the records in the action.
Copies..
16,2). Any person entitled to inspect any document in an action
shall, on payment of the proper charges for the same, be entitled to
an office copy thereof under the seal of the court.
1 Forms.
163. The forms in the Appendix shall be followed, with such
variations as the circumstances may require, and any party using any
other forms shaH be liable for any costs occasioned thereby-
As amended by Law Rev. Ord., 1937.
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 proccedinp therein specified, and in respect of all other
matters or proceedings the court fees taken for similar matters or
proceedings 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 same manner as they are for the time
being payable in the original jurisdiction. of the court.
0
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 the value of the res does not
exceed one thousand dollars, hall fees only shall be charged and
allowed.
Cases not provided for.
169. All Ordinances having reference 'to the practice and pro-
cedure of the Supreme Court as to discovery and the form and
admission of evidence, and as to the form and administration o~ oaths
and declarations, and as to subpomas, and as to the form of atlfidavits
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 enforcing any decree or order shall, so far as the
same may be applicable and not inconsistent with these rules, apply
to proceedings in the Admiralty jurisdiction. In all other cases not
provided for by these rules, the practice of the Admiralty Division of
the Hi-h Court of Justice of England shall be followed~
0
Appendix.
I-FORMS.
Foum No. 1. Rule 4.
TITLE OF ACTION in rem.
No. [here'insert the number of the action].
A.B., Plaintiff,
against
(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 -hip [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
or (f) The proceeds of the cargo CX 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 maqj be].
FoRm No. 2. [Rule 4.]
TITLE OF ACTIO'N in, personam.
No. [here insert the 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. [Rule 4.1
TrrLE OF ACTION IN THE NAME OF THE CROWN.
No. [here insert the number of the action]-
Our Sovereign Lord the King
[add, where necessary, in His Office of Admiralty]
against
(a) The ship [or us the case may be],
or,
(b) A.B., etc., [the person or persons proceeded against].
Action for [state nature of action].
Fowm No. 4. [Rule 5.1
WRIT OF SUMMONS. in rem.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
IL.S.] [Here insert title of action].
GEORGE, by the Grace of God, of Great Britain, Ireland and the
British dominions beyond the seas King, Defender of the Faith,
Emperor of India.
To the owners and all otheTs interested in the ship-
[her cargo and freight, etc., or as the case may be].
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 Hong Kong 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 His Honour Chief Justice of Our
said court,.this day of 19
Sealed by Registrar.
Memorandum to be 'aubscribed 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 an
ty
appearance [or appearances], either personally or by solicitor, at the
Registry of the said court.
As amended by Law Rev. Ord., 1937.
FORm 'No. 5. [Rule 5.]
WRIT op SummoN.s.in personam.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
IL.S.1[Here insert title of action].
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 Hong Kong 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 llis 11onour Chief Justice of Our
said court this day of 19
Sealed by Registrar.
Memorandum to 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 an
appearance [or appearances], either personally or by solicitor, at the
Registry of the said court.
FORm No. 6. [Rule 5.]
INDORSEMENTS TO BE MADE ON THE WRIT BEFORE ISSUE THEREOF.
The plaintiff claims [insert description of claim as given in
Form No. 71.
(2) This writ was issued by the plaintiff in person, who resides at
[state plaintifi's Place of residence, with naine of street and number
of house, if any].
or,
This writ was issued by C.D. of [state place of business], solicitor
for the plaintiff..
(3) All documents required to be served upon the plaintiff in.the
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.
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 prosecuting in the name of the Crown, or his solicitor, as the
case may be].
(3) All documents required to be served upon the Grown in this
action may be left at [insert address for service within three miles
of the Registry].
FORm No. 7. [Rule 5.1
IXDORSEMENTS OF CLAIM.
(1) Damage by collision:
The plaintiffs, as owners of the ship ' Mary [her cargo and
freight, etc., or as the case ?nay be] clairn the sum of $
against the ship - JAne - for darnage 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 stirn of $ for salva,,e services rendered by them to
the ship - Jane ', [her cargo and freight, etc., ir 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 clairns the sum of $ for pilotage of the ship.
C
Jane ' on the day of 19 frorn [state
wherie pilotage coi~ipitc)zcedl to [state where pilotage en~e(i]; 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 near [state where the
services were rendered]; and for costs.
(5) Master's wages and disbursements
The plaintiff clairns the sum of $ for his wages and dis-
bursernents as master of the ship Mary and to have an account
taken thereof; and for costs.
(6) Searnen's wages:
The_plaintiffs, as seamen on board the ship ---Mary claim the
sum of for waues due to them, as follows; and for costs:
to A.B., the mate $30 for two months' wages from the
day of 1 19
to C.D., able seaman $ etc., etc.;
land the plaintiffs claim to have an account taken thereof].
(7).lyecessaries,' repairs, ~tc.:
The plaintiffs claim the sum of $ for necessaries supplied
or. repairs done, etc., as the case rhay be] to the ship ---Mary -, at
the port of on the day of 1 19
and for costs land 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 possession of the said ship.
(b) The plaintiff, as owner of 48-64th shares of the ship---Mary-,
of the port of ' claims possession of the- said ship as
against C.D., owner of 16-64th shares of the said shil).
(9) Mortgage:
The plaintiff, under a mortgage dated the dty of
0
19 claims against the proceeds-of the ship---lklary---the sum of
$ of the amount due to him for principal and interest; and
for costs.
(10) Claims betwe'en co-owners:
(a) The plaintiff, as part owner of the ship 'i'YIary', claims against
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; and for costs.
(b) The plaintiff, as owner of 24-64th shares of the ship---Mary-,
being dissatisfied with the management 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) Bott.omly:
The plaintiff, as assignee, of a bottomry bond, dated the day
of 19 and granted by C.D., as master of the
ship ' Mary ofto A.B., at the port of
claims the equivalent in Hong Kong currency of the sum of
against.the ship ' Mary ', [her cargo and freight, etc., or as the
case may be] as the amount due to him under the said bond; and
for Costs.
(12) Derelict:'
A.B. claims to have the derelict ship - Mary- [her cargo, etc.,
or as the case may be], conden~ned as forfeited to His Majesty in His
Office of Admiralty.
(13) Piracy:
A.B., Commander of H.M. * S. Torch claims to have the
Chinese junk - Tecumseh - and her cargo condemned as forfeited-to
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 cargo], seized by him on
the day of 1 19 , condemned as forfeited to
His Majesty, on the ground that the said vessel was, at the time of
her seizure, engaged in or fitted out for the slave trade, in violation
of the Act 5'Geo. 4, c. 113, [or as the case may bei.
or,
C.D., the owner of the vesselland 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 Islanders Protection Acts:
A.B., Commander of H.M.S. 'Lynx'~ claims to have the British
ship - Mary - and her cargo ' condemned as forfeited to Ilis Majesty,
lor 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 arms and munitions of war' on board thereof, condemned 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 - [or as the case may be]
condemned as forfeited to His Majesty for violation of [state Act
under which forfeiture is claimed].
(18) Recovery of pecuniary forfeiture or penalty:
A.B. claims judgment against the defendant for penalties for
ty
violation of [state Act or Ordinance under which penalties are
clai7ned].
As amended by Law Rev. Ord., 1937.
FORM No. 8 [Rule 17.]
CERTIFICATE OF SERVICE TO 13E INDORSED 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 19
(Signed) X.Y.
FORm No. 9. [Rule 21.1
,APPEARANCE.
(1) By defendant in person.In the Supreme Court of Hong Kong, 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 Hong Kona, Admiralty Jurisdiction.
0
[Title of action.]
Take not-ice that 1 appear for C.D., of [insert address of C.D.], in
this action.
Dated the day of 19
(Signo) X.Y., Solicitor for C.D.
my place of business is
My address for service is
FORM No. 10. [Rule 21.1
INDORSIDUUM OF Slgr-OPP OR COUN~CLAM.
The defendant [or, if ke is one of several defendants, the de-
fendant C.D.], owner of the ship---Mary--- [or as the case* may be]
claims from the plaintiff [or claims to set off against the plaintiff's
claimil the sum of. dollars for [state nature of the set-off or
counterclaint and the relief or remedy required (is in Form. No. 7,
mutatis mutandis] ; and for costs.
FORm No. 11. [Rule 28.]
AFFIDAVIT To LEAD WARRA9T.
In the Supreme Court of Hong Konog, Admiralty Jurisdiction.
[Title of action.]
1, A.B., [state naPne and address] inalie oath and say that 1 have
a claiin against tile ship Mary --- for [statc nature of claim].
And I further inake 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 1 19 '
the said A.B. was duly sworn to the (Signed) A.B.
truth of 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 a.?td address of `person suing in the
name of the Crown] make oath and say tlat 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-
1
(a) as having been fitted out for or engaged in the slave trade in
violation of [state Act or Treaty alleged to have been violated]
or (b) as having been captured from pirates;
or (c) as having been found derelict;
or (d) for violation of [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 (Signed) A.B.
truth of this affidavit at
Before me,
E.F., etc.
FORM No. 12. [Rule 33.
WARRANT.
In the Suprerne Court of Hong Kong, Admiralty Jurisdiction.
LL.S.] [Title of action.]
GEORGE, by the Grace of God, etc.
To the, bailiff of Our Supreme Court of Hong Kong.
We hereby command you to arrest the ship [her cargo
and freMit, etc., o:r as the case ~)tay be], and to keep the same under
0
safe arrest, until you shall receive further orders f rem Us.
Given at in Our said court under the seal thereof,
1111s da y of 19
Warrant.
Taken out by
(Siped) Registrar.
c 0
FoRm No. 13. [Rule 37.1
CERTIFICATE OF SERVICE TO BE EX DORSED ON THE WARM\T
AFTER SERVICE THEREOF.
This warrant was served by [state by whoin, and in what-mode
service was effected] on day, the day of
19
(Signed) G.H., Bailiff.
FoRsi No. 14. [Rule M.]
BAIL-13OND.
In the Supreme Court of llon, Rong, Adrniralty urisdiction.
0 0 J
[Title of action.]
Know all men by these presents that we [insert names, addresses,
and descriptions of the svrcties in Itill] hereby jointly and severally
submit ourselves to the jurisdiction of the suid court, and consent that
if the said [insert naine of party for whom bail is to be given, and state
whether plaintiff or defendant] shall net pay what may be adjudged
against him in the above-named action, with costs [or, for costs,
if bail is to be given only for costs], execution may issue against us,
our 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 sureties'.
sureties, the day of 19
in the Registry of the Supreme Court of
Hong Hong [or as the case may be].
Before Me,.
(Signed) E.F., Registrar.
as the case may be.]
FORM No. 15. [Rulb 39.1
COMMISSION TO TAKE BAIL.In the Supreme Court of llong Kong, Admiralty Jurisdiction.
[Title of action.]
GEORGE, by the Grace of God, etc.
To [state name and description of commissioner], greeting.
Whereas in the above-named action bail is required to be taken on
behalf of [state name of party for whom bail is to be given and
whether plaintiff or defendant] in the sum of [st^ate sum in letters]
dollars, to answer judgrpent in the said action.
We therefore hereby authorize You to take such bail on behalf of
the said -from two sufficient sureties, upon the bail-bond
bereto 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 pxecuted and signed by the said sureties, you do transmit
the same; attested by you, to. the Registry of Ou'r said court.
Gi,mn at in Our said court, under the seal thereof,
this day of
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 44.1
NOTICE OF BAIL.
In the Supreme Court of Hon- Kong, Admiralty Jurisdiction.
0 0
[Title of action.]
Take notice that 1 tender the under-mentioned persons as bail on
belialf of [state namc, address and description of Part?] for.whom bail
is to be given and zi~hether plaintiff or defendant] in the sum of [state
sion in letters and figures] dollars to answer judgment in this action
0
[or jutlgn-ient and costs, or costs only, or as the case may be].
0
Narres, addresses, and descriptions of
SURETIES. ]REFEREES.
(2) (2)
Dated the day of 19
(Signed) X.Y.
Foitm No. 17. [Rule 45.1
NOTICE TO JUSTIFYIn the Supreme Court of Rong Kong Admiralty Jurisdiction.
[Title of action.]
Take notice that 1 require [state name, address and. desc ription
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
(Sir-
>ned.) A.B.
FoRm No. 18. [Rule 45.1
AFFIDAV1T OF JUSTIFICATION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
[state name, address and description of sitrely], one of the
proposed sureties for [state name, address and description of person
for 1v71om bail is to be given] make oath and say that 1 am worth
more than the sum of [state in letters the s~ 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 Signattire of szi?.ety.
Before me,
E.F., Registrar.
1 0
[or Cominissioner, as the case may be.]
Fonn No. 19. [Rule 45.]
NOTICE OF OBJECTION TO BAIL.
In the Supreme Court of Hon, Kon,,, Admiralty Jurisdiction.
[Title of action.]
Take notice that I object to the bail proposed to be.given by
[state navic, address and description of surety or sureties objected to]
in the above-named action.
Dated the day of 19
(Signed) A. B.
FORM No. 20. [Rule 60.]
RELEASE
In the Supreme Court of Hong Kong, Admiralty Ttirisdiction.
I.L. S. ] [Title of action.]
GEORGE, by the Grace of God, etc.
To the bailiff of 0?ir Supreme Court of Hong Kong, greeting.
Whereas by Our warrant issued in the above-named action on the
day of 1, 19 1 We did command you to
arrest [state name and nalitre of property arrested] and to keep the
same under safe arrest until you should receive 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 payinent
being made to you of all fees due to and charges incurred by you
in respect of 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. [Rule 57.1
PLEADINGS.
(1) In an action for damage by collision:
a. (' The Atlantic
PETITION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued
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 Yova.e froin Cardiff to Granville,
in France, laden with coals, and manlied with a crew of nine hands,
all told, was about fifteen miles S.E. 1 E. from the Lizard Light.
2 The wind at the time was about E.N.E., a moderate breeze,
the weather was fine, but slightly hazy, and the tide was about slack
water, and of little force. The ---Anthes--- was sailin(r under all
0
plain sail, close hauled on the port tack, heading about. S.E. and
proceedincy through the water at the rate of about five knots. Her
proper regulation side sailing lights were duly placed and exhibited
and buining brightly,' and a -Ood 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 ---Atlantic -, at
the distance of about from one mile and a half to two miles from
the ---Antbes ',,,qnd bearing about one point on her port bow. The
---Anthes ' was kept close hauled by the wind on the port tack.
The ---Atlantic ' exhibited her -reen light and shut in her red light,
and drew a little on to. the starboard bow of the ---Anthes -, and
she was then seen to be approaching and causing immediate danger
of collision. Tho, helm of the ---Anthes--- was thereupon put hard
down, but the ---Atlantic -, although loudly bailed from the
Antlies ', ran against and with her stem and starboard bow struck
the starboard quarter of the ---Antlies--- abaft the inain
and did her so much (ttmt-e'that the---Anthes- soon afterwards sank,
and was with her cargo wholly lost,
tn...I four of her hands were
drowned.
4. There was-no proper look-out kept on board the ' Atlantic
5.. Those on board the ---Atlantic--- improperly neglected to take
in due time proper measures for avoiding a collision with the
Anthes
G. The helm of the ' Atlantic---was ported at an improper time.
7. The said collision, and the damages and losses consequent
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
damaae 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 COUNTERCLABI.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1. The defendants are the owners of the S'wedish 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
headin,,, about W.S.W., making from five to six knots, with her
regulation lights duly exhibited and burning, and a good look-out
being kept on board lier.
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 the---Atlantic---
was put to port in order to pass on the port sides of these vessels.
One,. however, of 'the vessels, which was the ---Antlies -, altered
her course, and exhibited her green- light and caused dana*er 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 fou- of her crew being saved by the ---Atlantic
4. Save as hereinbefore admitted, the several statements in the
petition are denied.
5. The - Anthes was not kept on her course as required by
law.
6.. The helm of the - Antlies - was improperly starboarded.
7. The collision was caused by one or both of the things stated
in the filth and sixth paragraphs hereof, or otherwise b the negligence,
0 y
of the plaintiff or of those on board th.e Anthes
8. The collision was not caused or contributed to by the de-
fendants, 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 plaintiff [and his bail] for the damage
occasioned to the defendants by the collision, and for the costs of
this action.
2. To have an account taken of such daina-e, with the assistance
of merchants. 0
3. Such further and other relief as the nature of the case may
require.
Dated the day of 19
(Signed) C.D., etc., Defendants.
REPLY.
In the Supreme Court of Hong Kon-, Admiralty Jurisdiction.
[Title of action.]
The plaintiff denies the several statements contained in the
answer and counterclaim, [or admits the several statements contained
in paragraphs andof the answer and counterclaim, but
denies the other statements contained therein].
D~ted the day of 19
1 (Signed) A.B., Plaintiff.
b. (' The Julia David
PETITION.
In the Supreme Court of Hong Kong, 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 liorse-power, of which
the plaintiffs -were owners, whilst oil 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 tiffle was about south-west, the weather was
a little hazy and occasionally slightly thick, and the ---Sarpedon
was under stearn and sail, steering' nortli-ea,,[, and proceeding at file
rate of about ten knots. ller proper regulation mast-head and side
lights were duly exhibited and burning brightly, and a good. look-out
was being kept.
3. At such tinic the mast-head and red lights of a steam. vessel,
which proved to be the above-nained vessel ---Julia David ', were
seen a6 the distance of about two miles from and ahead of the
' Sm.pedon but a little on her, port bow. The helm of the
' Sarpedon was ported and hard-a-ported, but.tile ---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, tile ---Julia David' with her stem struck the ---Sarpedon-
oil lier port side, abreast of her red light, and did her. so much
damage that her master and crew were compelled. to abandon her,
rind she was lost with her eir~o. .
0 The ---julia David went away
without rendering assistance to those on board the 'Sirpedon
c)
and without answering signals which were made by them for
2ssistance.
4. Those on board the---Julia Dav'id---neglected to keep a proper
look-out.
5. Those on board the ---Julia, David--- neglected tG duly port
the heliR of the ' Julia David.---
6. The lielm of the---Julia David.'.' was improperly, starboarded.
7. The ---Julia David ' did not duly obser~,e and comply with
the provisions of Article 16 of the ilegulations for Preventing.
Collisions at Sea.
8. The said collision was occasioned by the improper and negligent
navigation of the ---Julia David
C
The plaintiffs claim-
1. A declaration that they are entitled to,the damage proceeded.
for, and the condemnation of the said steamship ---Julia David---
and the defendants therein, and in costs.
2. To Nve 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 19
(Signed) A.B,, etc., Plaintiffs.
ANSWER AND
COUNTERCLAIM.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1. The defendants are the owners of the Belaian screw steamship
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 general cargo, bound to Alicante and other
ports in the Mediterranean.,
2.. About 21.45 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. j W. by bridge
steering compass, or SM. A W. magnetic, and was making about five knots.
Her regulation lights were duly exhibited and burning brightly, and a good
look-out was being kept on board Ifer.
E)
3. In the circumstances aforesaid, 'those on board the ---Julia David---
saw the green and mast-head lights of a steamship, the 11 Sarpedon -, about
two miles off, and about two points on the starboard 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, n'evertheless, the ---Sarpedon--- came 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 pumps sounded. She was making much water,
and it was found necessary to turn her head away from the wind and sea. As
soon as it could be done without great danger, she was steamed in the
direction in which those on board her believed the ---Sarpedon ' to be, but
when day broke and no traces of the ' Sarpedoil--- could be discovered, the
search was given up, and the ' Julia Dfivid -; being in a very disabled state,
made her way to a port of r.efuge.~,
5. Save as hereinbefore appears, the several statements contained
in the petition are denied.
6. A good look-out was not kept on board the---Sarpedon
7. The helm of the---Barpedon was improperly -ported.
8. Those on board the ---Sarpedon improperly neglected or
omitted to keep her on her course.
9. Those on board the ---Sarpedon did not observe the'pro-
visions of Article 16 of. the Regulations for Preventing Collisions
at Sea.
10. The collision was occasioned by some or all of the matters
and things alleged in the 6th, 7th, 8th and 9th paragraphs hereof,
C> c)
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 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 19
(Signed) C.D., etc.,' Defendants.
REPLY.
In the Supreme Court of llong Kong, Admiralty Jurisdiction.
[Title of action.]
The plaintiffs deny the several statements contained in the answer
and counterclaim [or as the cage May be].
Dated the day of 19
(Signed) A-B_ etc., Plaintiffs-
(2) In an action loT salvage:
a. (The '.Crosby
PETITION.
in the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of actionj
Writ issued 19
1. The ---Asia--- is an iron screw steamship of 902 tons net
register tonnage, fitted with engine ' s of 120 horse-power nominal, is
of the value of $150,000, and was, at the time of the services herein-
after stated, manned with a crew of twenty-thre.e 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 voyage to Nikolaev to load a
cargo of grain, was between Udessa and Ochakov, those on board
her saw a steamship ashore on a bank situated about ten miles to
the westward of Ochakov. The---Asia---immediately steamed 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 ---Crobby -,
in charge of the second mate of the ---Asia -, and subsequently the
master of the ---Grosby--- boarded the ---Asia -, and at the request
of the master of the ---Grosby -, the master of the ' Asia--- agreed
to endeavour to tow the---Crosby ' afloat.
4. The---Crosby ' at this time 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 ---Agia--- 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 he 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 - Asia - tried again to get the - Crosby - off, but without
success. The - Asia - then towed with a hawser ahead of the
- Crosby and succeeded in getting her afloat, upon which the
- Crosby steamed to an anchorage and then. brought up.
10. The - Asia, ' steamed after the - Crasby - and again came
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 Asia - proceeded
on her voyage.
11. By the services of the plaintiffs the ' Crosby aiid her cargo
were rescued from 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.
0
12. The - Asia - encountered some risk in being lashed aloDg-
side 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 steninship of 1,118 tons net
(1,498 gross) register tonnage. As salved, the - Crosby '.' and her
carao and freiaht have. been agreed for the purposes of this action
at the value of $41,092.
The plaintiffs claim-
1. Such an amount of salva ge, regard being had to the said
agreement, 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
(Signed) A.B., etc., Plaintiffs.
ANSWERIn the Supreme Court of Ilong Kong, Admiralty Jurisdiction.
[Title of action.)
1. The defendants admit that the statement of facts contained in
the petition is substantially corr,,et, 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 amoderate 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., Defendants.
REPLY.
In the Supreme Court of Hong Kong, 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.
Dated the day of 19
(Signed) A.B., etc., Plaintiffs.
b. (The ' Newcastle
PETITION.
In the Supreme Court of Hong Hong, Admiralty- Jurisdiction.
.[Title of action.]
Writ issued 1 19
1. The---Emu ' is 9; 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 stat~d,
manned by a crew of five hands.
2. Just before midnight on the 22nd July, 1906, when the 'Emu'
Wai; 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. of the 2~rd.
3. About 2 a.m'. the Emu ' reached the screw steamship, which
was the ---Newcastle -, and which was last 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--- ofiered. his services, which were
at first declined by the master of the ---Newcastle shortly after-
wards 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 '~ Emu ' to tow him
off, and, after some conversation, it was agreed that the remuneration
should be settled on shore. It
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 11 Off.
6. The master of the---Emu-then asked if the -Newcastle- was
making water, and was told a little only, but as, he saw that the hands
were at the pumps lie kept the ' Emu---by the ' Newcastle---until
she was abreast of Whitby. He then inquired again if any assistance
was wanted, and being told thatthe---Newcastle was all right and
would proceed on her voyage, 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, came on to blow with a high sea. If the 'Newcastle' had not been got
off before the gale came on, she would have gone to pieces on the rocks.
8. By the services aforesaid the Newcastle---and her cargo and the lives
of those on board her were saved from total loss.
9. The---Newcastle--- is a screw steamship of 211 tons register, and was
bound 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 as 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.
ANSWIM.
in the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1. At about 6.45 p.m. on the 22nd July, 1906, the irQn screw
steamship ---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 the---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 i 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 tide made. Several cobles came to
the---Newcastle ' from Runswielk, 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
Emu -, whose owners, master, and crew are the plaintiffs in this
action,.came to the---Newcastle---and offered assistance,, which wfis
also declined.
5. The flood tide was then making, and.by about 2.45 a.m. the
Newcastle ' had floated forward, and attempts were made to get
the stern of the !' Newcastle ' also afloat, and the warp attached
to the aforesaid 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 port bow of the ---New-
castle ', and directions were given to the ---Emu -I 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---Efflu'
then set ahead and almost immediately the said rope 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 bead to the eastward. This the
Emu--- did and continued to do until about 4.45 a.m.,,when the
Newcastle ', by means of her own engines, was moved off from
the ground, and the ---Emu ' was brought broad on the port bow
of the Newcastle -, and. the ' Emu - had to stop towing and
to shift the rope from her port bollard, where 'it was fast, to her
towing hook, but the - Newcastle - continuing to go ahead, the
said rope had to he let go on board the - Emu ' and it was then
hauled in on board the - Newcastle -. The, - Newcastle -, under
her own steam, then commenced proceeding south, the wind at the
time. beina N.N.W. and light, and the weather fine. It was after-
wards ascertained that the Newcastle - was makin- a little water
in her afterhold, 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 lluniber at about 2.45 p.m. of the sarne day.
7. Durin- the tirne aforesaid the master, crew, and passengers
0 ty
of the - Newcastle - remained on board the Newcastle -, and no
danger was incurred in their so d&ng.
8. Save as herein appears, the defendants deny the truth of the
several statements contained in 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.
(8) In an action for distribution of salvage:
PETITION.
In the Supreme Court of Hong'Kona, Admiralty Jurisdiction.
[Title of action.]
Writ issued 19
1. Describe bri6fly the salvage services, stating the part taken in
them by ~he 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 ovmers 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 them as the court shall think fit, and the costs of
t 0
this action.
2. Such other relief as the nature of the ease may.~equire.
Dated the day of 19
(Signed) A.B., etc., Plaintiffs.
(4) In an action for iii(~.stci.'s icages and digbttrsciiicnts:
a. C' The Princess
PETITION.
In the Supreme Court of llong Eong, 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 acreed 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 2.5th October, 1907, and there is now due to
him for his wages as rnaster 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 accou ' nt 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 $1,2(0, to be due to him for ~es and disbursements, and
0
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 as the nature of the case may
require.
Dated the day of 19
(Signed) A.B., Plaintiff.
b. (The, ' Northumbria
PEnTION.*
In the Supreme Court of Hong Kong, Admiralty Jurisdicti~)n.
[Title of action.]
Writ issued
1. In or about the month of July, 1905, the plaintifi 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 Po 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- retunied 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 - vo ag , which is thus described in the ship's
y VC
articles signed by the plaintiff and her crew before commencing the
same, viz., ' A voyage frorn Cardiff to'Bahia or Fernambuco, 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, 'includina the Mediterranean Sea or Seas adjacent,
to and fro, if required., for any period not exceeding threc.years,
but finally to a port of d.ischar,-,q in the. United Kingdom or Con-
tinent of Europe.'
4. The ---North umbria 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.
The plaintiff was ready and willing to continue in the service
of the -.Northumbria '', and to perform his duty as her master
on and durim, the said voyage, but the defendants, the owners of
the ---Northumbria -, wrongfully and without reasonable cause dis-
charged the plaintiff on the. 23rd November from his employment
is master, and appointed another person as master of the ' Northum-
bria ' 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 ' Northum-
bria -, earned his wages at the rate aforesaid; and he also, as' such
master, made divers disbursements on account of the ' Northum-
bria '; 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 refused to pay to the plaintiff.
The plaintiff claims-
1. Payment of the sum of $1,080, the balance due to the plaintiff
for his waces and disbursements, with interest thereon.
2. Damages in respect of his wrongful discharge by the, de-
fendants.
3. The condemnation of the defendants [and their bail] in the
amounts claiined 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 wacr 8
. e
and disbursements, and for dainages in respect of such wrongful
discharge.
5. Such further and other relief as the nature of the case may
require.
Dated the day of 19
(Signed) . A.B., Plaintiff.
ANSWER.
In the Supreme Court of Hong Rong, 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.
0
2..Whilst the ' Northumbria--- was upon her voyage in the
said 3rd paragraph mentioned, and before and until she put into
0
Falmouth, as in the said 4th paragraph mentioned, the plaintiff was
frequently under the influence of drink.
'3. During the night of the 10th November, 1907, and the morn-
ing 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
ty
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 inquiries 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, wronAully and improperly tore out and
destroyed certain entries which had been made by the mate of the
said ship in her loo-book relating to the said voyap 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 plaintiff'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., Defendants.
REPLY.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
The plaintiff denies the several statements contained in the
answer [or as the case may be].
Dated the day of
(Signed) A.B., Plaintiff.
(5) In. an action far seamen's wages:
PETITION.
In the Supreme Court of Rong Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued ' 19
1. The plaintiff, A.B., was engaged as mate 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 1 19 1 to the day of
19 and durin. that time as mate of the
0
said bria earned wages amountino, to $ After giving
credit for the sum rece;*ved by him on account, as shown in the
Schedule hereto, 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
a tl
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 due to them the following sums, namely
To C.D. the sum of $
To E.F. $
To GM. $
3. The plaintiffs J. K. and L.M. were engaged as ordinary seamen
0 7
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 said wages, there remain due to
them the following surns, namely:-
To J.K. the sum of $
To L.M. it $
SCHEDULE referred to above.
Wages due to AJ3., mate, from the 19 to the
2 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 19 months and days, at $
per month.
Less received on account ........
Balance due .........
land so on itith 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 JIong Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued 19
1*. In the month of July, 1906, the Italian barque - Roma
Capitale ' was lying in the port of Rangoon in the Pegu Division
of British Burmah, 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 Genova the sum of
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
T. Accordingly, by a bond of bottomry dat ed the 11th day of
the said month of July and duly executed by him, the said Pictro
~Ozilia, in consideration of the sum of
Cassa Marittima di Genova upon the said adventure upon the.said
barque and freight at the maritime premium of 23 per cent., bound
himself and the said barque and the freight to become payable
0
in respect of the said voyage to pay to the said Cassa Marittima, di
Genova, their successors or assigns, the sum of
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 said Cassa
Marittima . di Genova 'should take upon themselves the maritime
risk of the said voyage.
3. The - Roma Capitale ' has since successfully prosecuted her
said intended voyage for which the aforesaid bond was granted, and
arrived atas her port of discharge on or about the
30th March, 1907.
4. Before the issue of the writ in this action the said bond
became due and payable, and was duly indorsed by the said Cassa
Marittima di Genova to the plaintiffs, who thereby became and are
the legal holders thereof, and the sum of
and owing there-on 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 - Roma Capitale - and
her freight in the equivalent in Hong Kong currency of the sum
of
per annum from the time when the said bond became payable, and
in costs.
3. A sale of the said barque and the applica6on'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.
DaIed the day of
(Signed)A.B., etc., Plaintiffs.
0
(7) In an action for mortgage:
PETITION.In the Supreme., Court of llon- Rong, Admiralty Jurisdiction.
[Title of action.]
Writ issued 19
1. The above-named brigantine.or vessel -Juniper- is a British
ship belonaing to the port of of the.re-istered
r) 0 ZY
tonnage of 109 tons or thereabouts, and, at the time of the mortgage
0
hereinafter mentioned, Thomas Brock, of was the
registered owner of the said brigantine.
2. On the 4th July, 1906, 32-64th parts or shares of the said
brigantine were mortga-ed by the said Thomas Brock to the plaintiff,
to secure the payment. by the said Thomas Brock to the plaintiff
of the sum of
5 per cent. p& annum on or before the lsit July, 1907-
3. The said mortgae 'of the - Juniper - was made 1)v an
0 '1
4i1I July, 1906, in the foym presieribe~ by
,instrument dated LLe
the 1Merehant Shipping Act, 1,90-4, and wa . s duly registered in accord-
ance with the provisions 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
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 Hong Kong currency of the
said principal sum of
2. 1 To lia;ve an account taken of the amount due to the plaintiff.
3. Payment, put of the proceeds of the said brigantine now
remainina in court, of the amount found due to the plaintiff, to-ether
with costs.
4. Such further and other relief as the nature of the case ma y
require.
Dated the day of 19
(Signed) A.B., Plaintiff.
(8) In an action between co-owners (for account).
PETITION.
In the Supreme Court of Hong Kong, -Admiralty Jurisdiction.
[Title of action.]
Writ issued 19
1. The ---Horlock is a sailing ship of about 40 tons register,
trading between abd
2. By a bill of sale, duly registered on the llth June, 1897,
the defendant, John Ilorlock, 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 Thomas Worraker transferred his said
32-64th shares of the ship to George Wright, the plaintiff, for the
sum of $1,750.
4. The defendant, John Horlock, has had the entire management
and the command of the said ship from the llth June, 1897, down
-to the present time.
5. The defendant has from time to time, up to and including
the 24th September, 1904, rendered accounts of the earnings of the
ship to the aforementioned Thomas Worraker, but since the said
24th September, 1904, the defendant has rendered no accounts of
the earnings of the ship.
6. Since the 16th De.cem~er, 1906, the ship has continued to
trade between and and the plaintiff has
made several applications to the defendant, John Horlock,. for an
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 said ship
Horlock
2. To have an account taken of the earnings of the said ship,
and that the d * efendanf 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) , G. W, Plaintiff.
ANSWER.
In' the Supreme Court of Hong Kong, 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 fraudulently and without the knowledge, consent, or
authority.of the defendant.
3. The defendant does not admit the staternents contained in
paragraph 3 of the petition, and says that if the said Thomas
Worraker transferred any shares of the said ship to the plaintiff
as alleged (which the d . efeadant does not admit), he did so wrone,
0
fully, and unlawfully, 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
(Signed) J. H., Defendant.
REPLY.
In the Supreme Court of Hong Kong,. Admiralty Jurisdiction.
T
[Title of action.]
The plaintiff denies the several statements in the answer.
Dated the day of 19
(Sigiled) G. TV., Plaintiff.
(9) In an action for possc38ion:
PETITION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of actionj
Writ issued 1 19
1. The plaintiffs are registered owners of 44-64th shares in the
British ship - Native Pearl ', and such shares are held by them
respectively as follows:-
Morgan Parsall Griffiths is owner of ' 16-64th sharep, Edmund
Nicholls of 8-64th shares, William Aleager of 4-64th shares, Isaac
0
Butler of 8-64th shares, and William Herbert of 8-64th shares.
2. The only owner of the said ship other than the plaintiffs
is John Nicholas Richardson, whoi 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 ee4i~cate 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 managementof her, occasioned great loss ~o the plaintiffs:
and the plaintias in c*onsequenw 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 them without the assistance of
this court.
4. The defendant has neglected and Yefused to render proper
accounts 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 m erchants,
of the earnings of the ship.
3. 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) .]I.P.G., etc., Plaintiffs.
0
(10) In an action for necessaries:
PETITION.
In the Supreme Court of Hong Kong Admiral . ty Jurisdiction.
[Title of action.]
Writ issued
1. The plaintiffs, at the time of the occurrences hereinafter men
tioned, carried on business at the port ofasi bonded
Store and provision merchants and ship chandlers.
2. The ---Efactoria--- 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 Lazzarp, a
foreigner, her master and o~vner, 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
acceptance wad 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
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
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
supplied for the necessary use of the said ship on.the said voyage;
and ~of the sums so advanced and paid there still remains due and
unpaid to the plaintiffs the sum 91
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
5. The plaintiffs, also, at the paid master's request, between .the 1st
September, 1906, and the. commencement of this action, paid various sums
amounting to
6. The said goods were. supplied and the said sums advanced and paid
by the plaintiffs upon the credit of the said ship, and not merely on the
personal credit of the raid master.
The plaintiffs claim
Judgment for the equivalent in Hong Kong currency of the said
sums of
2. That the defendant [and his bail] be condemned therein, and in costs:
or
2. A sale. of the said ship, and paym2nt of the said sums and interest
out ot the proceeds of such We, -together with costs.
3. Such further and other relief as Ghe 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 Courtof Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued 1
State briefly the circumstances of the seizure, or, if an affidavit of
.the circumstances has been filed, refer to the affidavit.
A.B. [state name of person suing in the name of the Crown]
claims-
The condemnation of the said ship land her cargo,
ar 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 . B. or as the case may be].
Dated the day of 19
(Signed) A. B.
(12) In an action for restitution of a ship or cargo:
PETITION.In the Supreme Court of Hong Kong, 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 land 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
(Signed) A.B., Plaintiff.
As amended by Law Rev..Ord., 1937..
(13) In a, piracy case, where the captors intend to apply forJ
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 wer(j]-
land J`
J.
Dated the day of
(Signed) A,B.
(14) In an action for recovery of any pecunia,.y forfeiture or.
penalty:
PETITION.
.In the.Supreme Court of ~long Kong, Admiralty Jurisdictioll.
[Title of a ction.]
Writ issued 19
State briefly the circumstances, 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.]
NoTict OF moTioN.
In the.Supreme Court.of ~long Kong, 4dmiratty. jurisdi ction.
[Title 61 action. 1
Take notice that on [state day of,.week] the -day of.
1 19 , the plaintiff [or defendant] will [by.11
counsel, 'or by his solicitor, if`the motionis to be made by counsel
or. solicitor] move the judge in court [or in chambers, as the case
inay be] to order that [state nature; of~ brder td be inoved for. In a'
notice of motion to vary a report of the Registrar, the items objected
to must be specified].
Dated the day of
(Signed) A.B., Plaintiff [or C.D., Defendant.]
FORm No. 23. [Rule 71.]
NOTICE OF TENDER.In the Supreme-Court of ~long Kong, Admiralty Jurisdiction.
[Title of action.]
Take notice that I have paid into court, and tender in satisfaction
of the plaintifi's claim [or as thexase may be] [if the tender is for -
costs also, add including costs,] the sum of [state sum tendered both
in letterrs and figures, and what terms, if any, the tender
is made].,
Dated this day of' 19
(Signed) C.D., Defendant.
FORM No. 24.. [Rule 71.]
NOTICE ACCEPTING OR REJECTING TENDER.In the Supreme Court of Rong Kong, Admiralty Jurisdiction.
[Title 6f action.]
Take notice that 1 accept [07 reject] the tender made by the
.defendant in this action~
Dated the day of 19
(Signed) A.B., Plaintiff.
FORm No. 25. [Rule 78.]
NOTICE FOR EMARINo.
In the Supreme Court of Hong Kong,. Admiralty Jurisdiction.
[Title of. actionJ
Take notice that I set down this action for.hedring..
Datea thia day of 19
iff [or C.D., Defendant.]
,,..,,(Signed) . A.B., Plainti
Fonm No. 2.6.' [Rule
REMSTRAR'S REPORT.
[.L. s.In the Supreme Court of Hong Kong, 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 [oT defendant], and condemned the defendant [or plaintiff]
and the ship [ar 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 1 do report that 1 have, with the assistance
of [here state names and description of asse3soTs, if any], carefully
examined the accounts and vouchers and the proofs brought in by
the plaintiff [or defendant] in support of his claim for counter-
claim], 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 bi the defendant, [and having hea-rd 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] together with interest thereon as stated
in the Schedule hereto annexed. 1 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) E. F.,. Registrar.
SCREDULi annexed to the foregoing report.
Claimed. Allowed.
NO. 0. 6.
1[Here state as briefly mpossible
2 the 8everat items ofthe
$1,0W
3 claim, with the amount claim-
4 ed and allowed on each item
in the columns for figures
etc. opposite 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.]
C031MISSION OF' APPRAISEMENT.
[j,.s.] In the Supreme Court of Hono, Kon., Admiralty Jurisdiction.
[Title of Action.]
GEORGE by the Grace of God, etc.
To th e bailiff of Our Supreme Court of Hong Kong, greeting.
Whereas Our said court has ordered that [state whether ship or
cargo, and state naine of ship and, if part only of cargo, state what
part] shall be appraised: We, therefore, hereby command you to
reduce into writing an inventory of the said [ship or cargo, etc.,
as the'case may' be], and haviiig chosen one or more experienced
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 th ' e 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., Registrar.
Commission of appraisement.
Taken out by
FOR m No. 28. [Rule 112.1
COMMISSION OF SALE.
[L.s.] In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
GEORGE by the Grace of God, etc.
To ths bailiff of O~r Supreme Court.of Hong Kong, greeting.
whereas Our said court' has -ordered th at .[state whether ship
or cargo, and state name of ship, and, if part only of cargo, what
.part] shall be hold: We, therefore, hereby command you to reduce
into writing an inventory of the said [ship or cargo, ote . as the'
case may b c ], and to. cause: the -said [ship or cargo, etc., as the
case may be,] to be sold,b~y,public auction for the highest price that
can be obtained for the. same.
And We further command you, as goon as.the sale has been
completed, to pay the proceeds arising therelrom into Our said court,'
and to file an account sale signed by you, together with this
commission.
Given at in Our said court, under the seal thereof
this day of*.
(Signed) E.F., Registrar.
Commission of sale.
Taken out by
FoRm No. 29. [Rule 112.1
C631MISSION OF SAIX ANI) APPRAISEMENT.
[.L.,s.] 1n the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
GEORGE by---the Grace of God, etc.
To the baili~ of Our Supreme Court of Hong Kong, greeting.
Whereas Our said court has ordered tha t [state whether ship
Pr cargo, and state name of. ship', and, if part only of cargo, what
part] shall be appraised. and sold: We, therefore, Irereby *coxnmtnd -
you to reduce into writing an inventory of the said fship or, cargo,
etc., as ihe case may be], and having chosen one or more experienced
persons, to swear him or them to appraise the same acce;tding to
the true value thereof, and when a certificate of such value has been
reduced into writing and signed by yourself and by t~o 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 tommand you, as soon as the sale has been
completed, to pay.the proceeds arising therefrom into Our said court.
and to file. the sai& certificate of appraisement and 1 an account sale
signed by you, together with this ~commission.
Given at in Our said, court, under.the seal thereof,
this day of 19
(Signed) B.F., Registrar...,.
Commission of appraisement and.sale.
Taken out by'
FoRm No. 30. [Rule 112.]
COMMISSIOX. OF REM[j,.s..] In the Supreme Court of Hong Kong, Admiralty Jurisdiction.. [Title
of action.]
GEORGE by the Grace of God, etc.
To the bailiff of Our Supreine Court of Hong Kong., greeting.
Whereas Our said court has ordered that the [state naine and
description of ship] sliall 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, therefor4, he'reby 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, si-ned by you, in the said Registry,
together with this commission.
Given at in Our said court, under the seal thereof ,
this day of 19
(si'lled) E.F., Registrar.
Commission of removal.
Taken. out by
FoRm N.M.31. [Bule'112.1
COMMISSION FOR DISCHARGE OF CARGO.
[L.S.1 In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
GEORGE by the Grace of God, etc.
To the bailiff of OUT SUPT0ne Cour . t of Hong Kong, greeting.
Whereas Our said court has ordered that the cargo of the ship
shall be discharered:. We, therefore, hereby command
c
you to discharge the said cargo from on board the said ship, and to
0 0
put the same into some fit'and proper place of deposit.
And We further command you, as~ soon as the discharge of the
C5
said cargo has been completed, to file your certificate thereof in the Registry
of Our said court,.toaether with.this commission.
Given at in Our said court, under the seal thereof,
this* day of
(Signed) E.F., Registrar.
Commission for discharge of cargo.
Taken. out by
FORm No. 32
[Rule 112.1
COMMISSION FOR DEMOLITION' AND SALE
(In a slave trade case.)
[L.s.] In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action,.]
GEORGE by. the Grace of God, etc.
To the bailiff of Our Supreme Court of Hong Kong, gr~etittg.
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 be in force for the admeasurement of 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 signedby
you of the admeasurement and tonnage of the vessel, toaether with
this commission.
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 INSPECTIONIn the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
On the day of 19
Before
The court, on the application of [state whether plaintiff or
defendant] ordered that the shipshould be inspected by
[state whether by the bailiff, or by the assessors of the court, or a78
the ca8e.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. 3.4. [Rule 118.1
NOTICE OF DISCONTINUANIn the Supreme Court of Hong Kong, 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 JUDGMENT FOR COSTSIn the Supreme Court of Hong'Kong, Admiralty'Jurisdiction.
[Title of action.]
Take notice that 1 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 COUNCM.In the Supreme Court of Hong Kong, 4dmiralty Jurisdiction.
[Title of action.]
Take notice that 1, 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
(Signed) A.B., Plaintiff for Defendant.]
FoRM. No. 37. [Rule 135.1
ORDE1t FOR PAYMENT.OUT OF COURT.
[D.s.] In the Supreme Court of Hong Kon&, Admiralty Jurisdiction'.
[Title of action.]
I, .Chief Justice ~ [or jydge] of the* said $upreme
Court, hereby order payment of the sum of [.stale surn in lette78.1
dollars, being the amount, [state whether fb-tii?(1 dac f0T damages ~or
j -
costs, or te idered in the action, or (is the case mai be] to he
y - paid
to [state name and address of party or solici ' tor to whom the money
is to be paid] out of the [proceeds of sale of ship, etc., or as the
ca.-e-.ntay be] now remaining in court.
Dated the day of 19
(Signed) J.K., Chief Justice [or Judge.]
Witness.
(Signed) E.F., Registrar.
42
FORM NO. 38. [Rule. 136.1
NOTICE FOR CAVEIAT WARIn the Supreme Court of )EIong Kong, Admin. lty Jurisdiction.
[Title of action.
Take notice that 1, A.B., of -apply for a caveat
against the issue of any warrant for the arrest of [state name and
natuTr, o property], and I undertake, within three d.,,.ys after being
f cl
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 ~ourt
in a sum 130t exceeding [state 8,tim in letters] dollars, or to pay such
p
sum into court.
Aly address for service is
Dated the day of 19
(Signed) A.B.
Foitif No. 39. [Rule 136.1
CAVEAT WARRANT.
In the Supreme Court of llong Kong, Admiralty Jurisdiction.
[Title of action. I
Caveat entered this day of 1(3 ugainst
the issue of any warrant for the arrest of [state nanic and nature
'Of property], withodt notice being first given to'[state name and
address of person to zvhotit, and address at which, notice is to be
given], who has undertaken to give bail to any 6ction or counter-
claim lliat inay have been or may be brought in the said court
the said [state napkic anti naturc of property].
On ivithdi.atual of caveat, add-'
Caveat withdrawn this day of 19
FORm No. 40. [Rule 137.1
NOTICE' FOR CAVEAT RELEASE.
In the Supreme Court of llong Kong, Admiralty Jurisdiction.
[Title of action.]
Take notice that 1, A.B., plaintiff [or defendant] in the above-
narned action, apply for a caveat against the release of [state name
and.nature of property].
[If the. person applying for t h c ea veat is not a party to the
action, lie must also state -his address and.an address for service
ivithin three miles of the Registry.]
Dated the day 61
(Signed) A.B.
FoRbi No. 41. [Rule 1.37.1
CAVEAT RELEASE.
In the Stipre.me Court of lIong Kon-, Admiralty Jurisdicti6n.
[Title, of action.]
Caveat entered this day of 19 against
tlle,,issue' of any release of [state name and n ature. of.propertly] by
[state name and address of person entering caveat and his address
for service.]
On Withdrawal of cavea't, a',dd-
Caveat withdrawn this day of
FORM No. 42. [Rule 138.
NOTICE FOR CAVEAT PAYMENT.
In the. Supreme Court of llong'Konc,, Admiralty Jurisdiction.*
[Title of action.]
Take notice that 1, A.B,., plaintiff [or def .. endantl in the above-
named action, apply for a caveat against the payment of any money
[if for costs, add for costs, or as. the case i~ay be]' out of the
proceeds 6f the sale of' [state whether ship or cargo, and name of
ship, etc.] now . 'remaining. in court, without notice being first given,
to me.
[II the person applying for the caveat is not a party to the action,
lie must also state his address ahd an address for' service within
three miles of the Registry.]
Dated the day of 19
(Signed) A.B.
FORM No. 43. [Rule 138j,
CAVEAT PAYNiENT.
In the Supreme Court of Kong Kong, Admiralty Jurisdiction.
[Title of action,]
Caveat entered this day of 19 against
the payment of any money [if for costs, add forcosts, or as the
case 1 may be] out of the.proceeds of the sale of [state whether ship
or cargo, and, if ship, state name of ship, etc.] now remaining in,
court, without notice being* first given to [state name and address
of person to.w'hom, and addressat-which, notice is to be given].
On withdrawal of caveat, add-
Caveat. withdrawn this day of 19
FORM No. 44. [Rule 143.1
NOTICE FOR WITHDRAWAL CP CAVEAT.
In the, Supreme Court.of Rong 11Cong, Admiralty Jurisdiction.
[Title of action.]
Take notice that 1 withdraw the caveat [state whether caveat
warrant, release, or payment] entered by me in this action [or.as
,the case may be].
Dated the day of 19
(Signed) A.B.
FoRm No. 45. [Rule 144.]
ORDER FOR PAYMENT.
[j,.s.] Inthe Supreme Court of Hong. Kong, Aamiralty Jurisdiction.
[Title of action.]
Dated the day of 19
Before
It is ordered.that A.B., plaintiff [or defendant, etc.] do pay to
C.D., defendant [or plaintiff, etc.], within days, from the date
hereof, the sum of [state sum in letters] dollars, being the amount
[or balance of the amount] found due from the said A.B. to the
said C.D. for [state 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.]
IL.S.] In the.Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of a~tion.3
GEORGE by the Grace of God, etc.
To the bailiff-of Our Supreme Court of Hong Kong, 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., Registrar.
Attachment.
Taken out by
FoRm No. '47. [Rule 146.1
ORDER FOR COMMITTAL.
[L.S.] In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
. [Title of action.]
On the day of ' 19
Before
Whereas A.B. [state name and description of person to be com-
mitted] has committed a contempt of court in that {state in what
the contempt consists], and, having been this day brought before
.the court on attachment, persists in his said contempt, it is now
ordered that he be committed 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.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
To
Receive into your custody the body [or bodies] of
herewith sent to you, for the cause bereinunder written; that is to
say, for [state briefly the ground of attachment].
bated the day of 19.
(Signed) J.K., Chief Justice [or Judge.]
Witness, (Signed)E.F., Registrar.
FORM No. 49. [Rule 153.1
MINUTE.ON FILING ANY DOin the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1, A.B. [state whether plaintiff or defendantly file the following
documents, viz:-
[Here describe the documents. filed.]
Dated the day of 19
(Signed) A.B.
FoRm 1%. 50. [Rule 156.]
M~ OF ORDER OFIn the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[TitU of action.]
On the day of 9 19
Before
The court on the application of [state whether pWntiff of d6-
fendantl ordered [state purport of order]. . a
FoRm No. 51. [Rule 156.]
MINUTE ON EXAMINATION OF WITNESSES.In the Supreme Court of Hong Kong, 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 may be], were examined
orally [if by interpretation add by interpretation of
FoRm 'No. 52. [Rule 156.]
MINUTE OF DECREE.In the Supreme Courtof llong Kong, Admiralty Jurisdiction.
[Title of action.]
On.the day of 19
Before,
(1) Decree, for an ascertained sum:
The court having heard [state whether plaintiff and defendant
or their counsel or solicitors, or as the case may be], and having
been assisted by [state names and descriptions of assessors, if any],
pronounced the sum of [state sum in letters and figures] dollars to
be due to the 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 been given;
the ship [or cargo ex the Ship or proceeds of
the ship , or of the cargo c= the shipor as
the case may be] in the said sum [and in costs].
(b) in an' action in personam, or in rem where bail has boen
given; the defendant [or plaintiff] and his bail [if bail hac been
given] in the said sum [and in costs].
(2) Decree for a sum not ascertained:
The court having heard, etc. [as abovel, pronounced in favour of
the plaintiff's claim [ar defendant's counterclaim] and condemned
the ship [or cargo, etc., or the defendant or plaintiff]
and his bail [if bail has been given] in the arnount to be found due
to the plaintiff [or defendant] [and in costs]. And ordered that an
account should be taken, and
(a) if the amount is to be assessed by the court,
that all accounts and vouchers, with the proofs in support thereof,
should be filed within days [or as the case may be],;
(b) if the court r * efers 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 action [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] pronounced the sum of
[state sum in letters] dollars to be due to A.B., etc . , for salvage,
together with costs, and subject thereto, condemned the said ship
[or cargo or proceeds of ship or of cargo, etc., as
the case -may be] as a droit a-ad perquisite of His Majesty in his
Office of Admiralty.
(5) Decree in action for possession:
The court having heard, etc. [as abov~l, decreed that possession
of the shipshould be given to the plaintik, and
condemned the defendant [and his bail] in costs.
(6) Decree of cortdemnation in a slave trade action:
The court having heard, etc. [as above] pronounced that the vessel, p
name unknown [or as the case may 'be], seized by H.M.S. ' Torch
on the day of Y 19 ' had been, at the time of her
seizure, engaged in or fitted out for the slave trade in contravention Of'..~'
the treaties existing - between Great Britain ana 1 . [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 goods and effects on board thereof] as forfeited to His Majesty [of
condemned the said vessel as forfeited, etc., but ordered that the
car,,o should be restored to the claimant, or as the caso may be].
As amended by Law Rev. Ord., 1937.
The court further ordered that the 'slaves [or the slaves then
surviving consisting of men, women, boys,
andgirls should be delivered over to [state to whom or how
the slaves are to be disposed of]..
II 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,with her cargo [if any];
or
II 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 luU consideration by the
coukt of the circumstances of the case, the seizors had satisfied the
court that the abandonment [or destruction] of the vessel was inevit-
able or. otherwise 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
he restored to the claimant, together with the goods and effects on
board thereof;
add, as the case may be,
but without costs or damages,
or
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, andl directed
that all accounts and vouchers, with-the proofs in support thereof, if
any, should be filed within days.
(8) Decree in case of capture from pirates:
The court having heard, etc. [as above] pronounced that the said
junk ' Tecumseb.--- [and her cargo] had. been, gt the time of the
capture thereof by H.M.S. ---Torch '~i the'property of pirates, and
condemned the same as a droit and perquisite of ILs Majesty in his
Office of Admiralty:
or
pronounced th4t the said. junk ---Tecumseh fand 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
ow~er], 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 bey cargo] should be
appraised;
II the junk, etc'., has been captured after an engagement with
the pirates, and 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 , thatof that number were
captured, and that the- only vessel engaged was H.M.S. Torch
[or 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 [oT during the voyage
on which she was met], employed [or fitted out for employment]. in
violation 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'a8 the case may_~e], as. forfeited to
His Majesty.
The court further ordered that the said ship [and her
cargo, and the said goods and . effects] should. be sold by public
auction, and that the proceeds should be paid into dourt.
(10) Decree of condemnation under Foreign Enlistment Act:
The couxt having beard, etc. [as a ' bove ]. pronounced that the. ship
had been built [or'equipped, commissioned, despatched,
or used~ 0 the case may be] in violation of the Foreign Enlistment
Act, 1870, and condemned the said shipand her equipment
land 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 Customs or Revenue Acts:..
The- court having heard, etc. [as above] condemned the shiP
[or cargo or proceeds, etc., as the ~dso may bet~ as
forfeited to His Majesty for violation of the Act [state what A
(12) Decree for pecuniary forfeiture ar 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 Act [state what 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 iwcosts].
FoRm No. 53.[Rule 156.1
MINUTES IN AN ACTIO14 F.OR DAMA(IB BY COLLISION,
A. B. etc.,
No. against
The ship Mary
19
Jan. 3 A writ of summons [and- a warrant] was [or werefissued
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.
5G.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.
7G.H. filed bail bond to answer judgment 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.
8E.F. filed preliminary act [and notice of motion for
pleadings].
G.H. filed preliminary act.
10The court having heard solicitors on both sides [or as'tho
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.
19
Jan. 16The court having heard solicitors on both sides [or as the,
case may be] ordered both plaintiffs and defendants to file
affidavits of disco-very, and to . pToduce, if required, for
mutual inspection. the documents therein set forth, within
three days.
18 E.F. filed affidavit of discovery.
19 G.H. filed affidalvit of discovery.
22 E.F. filed notice of trial.
26 E.F. produced as witnesses [state names of witnesses], who
having been sworn, were examined orally in court, the said
[state names] having been sworn and examined by inter-
pretation of [state name of interpreter] interpreter ol the
language. Present [state names of assessors
present, if any] assessors.
26 G.H. produced as witnesses, etc., [as above].
The court having heard [state. whether plaintiffs and de-
lendants, or their counsel or solicitors, as the case may be],
and having been assisted by [state name8 and -desr,7iptions
0
of assessors, if any], pronounced in favour of the plaintiffs
[or defendants] and condemned the defendants [or plain-
tiffs]. and their bail [if bail has been given] in the amount
to be found due to the plaintiffs for defendants] [and in
costs]. And the court ordered that an account should bp
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,
should 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 toand affidavits
of [state names of deponents, if any].
8 G.H.filed accounts and vouchers [numbered 1 to
in answer to claim.
9 E.F. filed notice for hearing of reference.
.15 E.F. [or G.H.] filed Registrar's report, etc.
Here insert address for serviceHere insert address for service
of documents required to be of document required to bp-
's
served on the plaintiffs. served on the defendants.
Norz.-The above minutes are given as such as might ordinarily be required in an
action in rem for damage by collision, where pleadings have been ordered.
In some actions many of these minutes would be superfluous. . In others
additional minutes would be required.
Il. FEES OF COURT AND ASSESSORS' FEES.
COURT FEES. [Rules 164 and 165.]
$ c.
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-borid .................. 5.00
3. Order for reference ........ .... 10.00
4. Filing preliminary act ...........5.00
5. Notice issued by Registrar .......1.00
6. Bailiff attending . unlivery of cargo (to be paid in cash)
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 appraiser and auctioneer .. 5.00
8. Bailiff executing any other commission or instrument or.
any warrant 'or attachment ..........2.50
Onthe- gross proceeds of any ship or goods, etc., sold
by order of the court (to be deducted from the pro-
ceeds 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 specified the same
fee as is taken in the original jurisdiction in respect of a similar matter
or proceeding.
ASSESSORS' FEES. [Rule 166.]
For each nautical or, other assessor, whether' at theFrom
examination of witnesses; or at the trial of an action, or at $10.00
the hearing of an appeal, or upon any assessment of damages to
or 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 appdal, by the appellant.
. No. 7 of 1896, repealed by No. 21 Of 1934.
No. 8 of 1896, repealed by No. 8 of 1935.
[Originally No. 13 of 1896. No. 33 of 1932. Law Rev. Ord., 1937.] 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 some 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 bottomry. Issue of warrant notwithstanding certain defects. Preparation, etc., of warrant. Appendix. Form No. 12. Mode of service of warrant. Service on holidays. Filing of warrant. Certificate of service. Appendix. Form No. 13. Mode of giving bail. Preparation, etc., of bailbond. Appendix. Form 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 unless applied for and ordered. 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, etc. Form of special case. Signing and filing and special case. Filing of notice of motion and affidavits. Form 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 & 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. Judgment 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 of 'sum in dispute'. Lump sum in lieu of costs. Order of 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 forthwith. 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. Notices 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 of decisions. Time for appeal. Effect of appeal on proceedings. Filing of appeal on proceedings. Filing of notice of appeal and giving of bail for costs. Appendix. Form No. 36. Carrying decree into effect notwithstanding 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. Current to prevent arrest of property. Appendix. Forms Nos. 38, 39. Caveat to prevent release 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. Duration of caveat. Withdrawal and over-ruling of caveat. Appendix. Form No. 44. Order for payment to party entitled. Appendix. Form No. 45. Attachment for disobedience of order or 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. [cf. Rule. 6.] [Form No. 7-Contd.] [cf. Rule 6.] [cf. Rule 6.] [Form No. 7-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 52 - Contd.] [Form No. 52 - Contd.] [Form No. 52 - Contd.] [Form No. 52 - Contd.] [Form No. 53 - Contd.] [10.8.34.] [1.1.36.]
An Ordinance to 7egulate the Admiralty procedwre of the
Supreme Court.
[1st September, 1896.]
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.
As amended by No. 34 of 1931 [1.1.32].
SCHEDULE. 2.]
HONG KONG.
RULES OF PROCEDURE FOR THE
ADMIRALTY JURISDICTION OF THE SUPREME COURT.
1. In these rules-
(a) ---Action --- means any action, cause, suit, or other proceed-
ine instituted in the court;
(b) ---The court--- means the Supreme Court of Hong Kong and
includes any jud-e thereof, whether sitting in court or in cliarnbers;
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(c) ---Defendant---includes the defendant's solicitor, if he appears
by a solicitor;
(d) ---Party--- includes the party's solicitor, if he sues or appears
by a solicitor;
(e) ---Plaintiff ' includes the plaintiff's solicitor, if lie sues by a
solicitor;
The llec,,istrar--- means the Registrar of the court;
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The Refistry---means the Registry of the court;
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(h) Ship ' includes every description of vessel used in naviga-
tion not propelled by oars only.
Actions.
2. Actions shall be of two kinds, actions in rent and actions
in personam.
3. Actions for condemnation of any ship, boat, cargo, proceeds,
or effects, or for recovery of any pecuniary forfeiture or penalty,
shall be instituted in the name of the Crown.
4. All actions shall be numbered in the order in which they -are
instituted, and the number given to any action * shall be the dis-
tinguishing number of the action, and shall be written or printed on
all documents in the action as part of the title thereof.
Writ of summons.
5. Every action shall be commenced by a writ of summons,
which, before being issued, shall be indorsed with a statement of
the nature of the claim, and of the relief or remedy required, and
of the amount claimed, if any. Such writ shall be tested in the
As amended by Law Rev. Ord., 1937.
name of the Chief Justice and shall bear date the day whereon the
same is issued.
6. In an action for peaman's or master's wages, or for master's
wages and disbursements, or for necessaries, or for bottomry, or in
any action in which the plaintiff desires an account, the indorsement
on the writ of summons may include a claim to have ail account
taken.
7. The writ of summons shall be indorsed with the name and
address of the piaintiff, and with an 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 re-
quired to be served upon him.
8. The writ of suninions shall be prepared and indorsed by the
plaintiff, and shall be issued under the seal of the court, and a copy
of tile writ and of all the indorsements thereon, signed by the plain-
tiff, shall be left in the Registry at the time of sealing the writ.
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9. The court may allow the plaintiff to amend the writ of
summons and the indorsements thereon in such manner and on such
terms as to the court may seem fit.
Service of writ of 8ummons.
10. In an action in rem the writ of summons shall be served-
(1) upon ship, or upon cargo, freight, or other property, if, ' the
cargo or other property is on board a ship, by attaching the writ for
a short time to the mainmast or the single mast, or to some other
conspicuous part of the ship, and by leaving a copy of the writ
attached thereto;
(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 and by leaving with him a copy of the writ; and
(4) upon proceeds in court, by showing the writ to the Registrar
and by leaving with him a copy of the writ.
11. If access cannot be obtained to the property upon which
the writ is to be served, it 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.
As amended by Law Rev. Ord., 1937.
12. In an action in personam, the writ of summons shall be
served by showing it to the defendant, and by leaving with him
a copy of the writ.
13. A writ of summons against a firm may be served upon any
member of the firm or upon any person appearing at the time of
service to have the. management of the business of the firm.
14. A writ of summons against a corporation or a public com-
pany 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 iffor any
cause personal service cannot, or cannot promptly, be effected, or
if in any action, whether in rem or in personam, there is any doubt
or difficulty as to the person to be served or as to the mode of
service, the 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 from 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.
Appearance.
18. A party appearing to a writ of summons- shall file an appear-
ance at the place 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 remedy 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 con-
veniently disposed of in the action, the court may order it to be
struck out.
21. The appearance shall be signed by the party appearing, and
shall state his name and address, and an address within the Colony,
to be called an address for service, not more than three miles from
the Registry, at which it shall be sufficieDt to leave all documents
required to be servedupon him.
As amended by Law Rev. Ord., 1937.
Parties.
22. Any number of persons having interests of the same nature
arising out of the samp matter may be joined in the same action,
whether as plaintiffs or as defendants.
23. The court may prder 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 be given to and
served upon him, and may give such further directions in the -Inatter
as to the court may seem fit.
Consolidation of actions.
26. Two or more actions in which the questions at issue are
substantially the same, or for matters which might properly be com-
0
bined in one action, may be consolidated by order of the court, on
such terms as may seem fit.
27. The court may, in its discretion, order several actions to
be tried at the same time and on the same 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 act-ion, and the other actions
to be stayed to abide the result.
Warrants.
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.
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.-
* AS anended by Law Rev. Ord., 19357.
(2) In an action for necessaries, or an action by the owner, or
consi-Dee, or assignee of any bill of lading of any goods imported
into the Colonyin 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 belief, no owner
or part owner of the ship was domiciled in the Colony at the time
of the institution of the action.
(3) In an action between co-owners relating to the ownership,
c
possession, employment, or earnings of any ship registered in the
0
Colony, the affidavit shall also state the number of shares in the
ship owned by the party proceeding
31. In an action for bottomry the bottoinry bond in original, and,
if it is in a foreign language, q translation thereof, shall be produced
for the inspection and perusal of the Re-istrar, and a copy of the
bond, or of the translation thereof, certified to be correct, shall be
annexed to the affidavit.
32. The Recistrar may, if he thinks fit, issue a warrant although
0
the affidavit does not contain all the prescribed particulars, and, in
an action for bottomry, although the loond has not been produced;
or he may refuse to issue a warrant without an order of the court.
33. The warrant shall be prepared in the Registry, and shall be
signed by the Begistrar, and issued under the seal 0 of the court.
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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 a public or general holiday as
well as on any other day.
36. The warrant shall be filed by the bailiff within one week
after service thereof has been completed, with a certificate of service
indorsed thereon.
37. The certificate shall state by whom the warrant has been
served, and the date and mode of service, and shall be signed by
the bailiff.
As amended by Law Rev. Ord., 1937.
Bail.
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
0
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.
40. Sureties may attend to sign a bond 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 justifica-
tion shall be 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 upo~
the adverse party, and a certificate of such service shall be indorsed
on the bond by the party filing it.
45. If the adverse party, is not satisfied with the sufficiency of
any surety, he may file a notice objecti~g to such surety or requiring
him to justify, if he.has not already done so.
Releases.
46. A release for property arrested by wa rrant may be issued
by order of the court.
47. A release may also be issued by -the Registrar, unless there
is a caveat outstanding against the release of the property-
(1) on payment into court of the amount claimed, or of the
M amended by Law Rev. Ord., 1937.
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 on e or more bail-bonds being filed for the amount claimed
or for the appraised value of the property arrested; 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 whose 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 dis-
missal 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.
0
51. The release shall be served upon the bailiff either personally
or by leaving it at his office, by the party by whom it is taken out.
0
52. On service of the release and on payment to the bailiff of
all fees due to and charges incurred by him in respect of the arrest
and custody of the property, the property shall be at once released
frIom arrest.
Preliminary acts.
53. In an action for damage by collision, Cach party shall,,
within one week from an appearance being entered, file a preliminazy
act, sealed up, signed by the party, and containing a statement ~f
the following particulars:-
(1) the names of the ships which came into colUsion, and the
names of their masters;
As amended by Law Rey. Ord., 1937.
As amended by No. 33 of 19M [15.4.35].
(2), the time of the collision;
(3) the place of the collision;
(4) the direction and force of the wind;
(5) the state of the weather;
(6) the state and force of the. tide;
(7) the course and speed of the ship when the other was first
seen;
(8) the lights, if any, carried by her;
(9) the distance and bearing 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;
(14) the Bound signals, if any, wbich were given,. and when; and
(15) the sound signals, if any, which were heard from the other
ship, and when.
Pleadings.
54. After appearance any party to an action may apply to 'the
court for an order for pleadings. If no such application is made,
or if on such application pleadings are not ordered, the action shall
be heard without pleadings. 1
55. If an order 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 the filing of the answer,
the plaintiff shall file his reply, if any: and there shall be no pleading
beyond the reply, except by permission of the court.
66. The defendant may, in his answer, plead any set-oll or
counterclaim. But if, in the opinion of the court, such set-off or
counterclaim cannot. be cony ' eniently disposed of in the action, the
court may order it to be struck out.
57. Every pleading shall be divided into short paragraphs,
nWnbered consecutively, which shall state concisely the facts on
which the party relies, and shall be signed by thSE). It shall not be necessary to set out in an pleading the
Y
words of any document referred to therein, except so far as the
precise words of the document are material.
As amended by No. 33 o f 1932 [15.4.331.
As amended by Law Rev. Ord., 1937.
59. Either party' may apply to the court to decide forthwith
any question of fact or of law raised by any pleading, and the court
shall thereupon make such order as may seem.fit.
60. Any pleading may at any time be amended, either by con.
sent 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 raised in a
special case or in such other manner as may seem expedient.
63. Every special case shall be divided into paragraphs, number-
ed consecutively, and shall state concisely such facts and documents
as may be necessary to enable the court to decide the question at'
issue.
64. Every special case shall be signed by the parties, and rnay
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.
66. The notice of motion shall state . the nature of the order
desired, the day on which the motion i's to be made, and whether in
court or in chambers.
67. nxeept by consent of the adverse party or by order of the
court, the notice of motion shall be filed twenty-four hours atleast
before the time at which the motion is made.
68. When the motion comes on for hearing the court, after
hearina the parties or, in the absence of Any of t~em, on proof that
0
the notice of motion has been duly served, may make such order as
to the court may seem fit.
69. The court may, on due cause shown, vary or rescind any
order previously made.
* As arnended by Law Rev. Ord., 1937.
Tender.
70. A party desiring to make a tender in satisfaction of the
whole or any part of the adverse part);;s claim shall pay into court
the a!mount tendered by him, and shall file a notice of the terms
on which the tender is made.
71. Withm a week from the filing of the notice, the adverse
part ~ shall file a notice, stating whether he accepts or rejects the
YI 0
tender, and, if he does. not do so, he shall be held to have rejected
it.
~2. Pending the acceptance or rejection of a tender, the proceed-
ings :shall be suspended.
Shorthand writer.
~3. The court may order, the evidence of the witnesses, whether
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 evidence; and a transcript of the
shorthand writer's notes, certified by him ho 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.
Printing.
11. The court may order that the whole of the pleadings and
written proofs, or any part thereof, shall be printed before the trial;
and ~he printing shall, be in such manner and form as Ihe court may
order~
75. Preliminary acts, if printed, shall be printed in parallel
columns.
As8essors.
76. The court, on the application of any party or without any
such. application, if of opinion that the nature of the case requires
it, may appoint one or more assessors 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 i
by the plaintiff, unless the court otherwise orders.
As amended by Law Itev. Ord., 1937.
Setting down action for trial.
78. An action shall be set down for trial by filing a notice of
trial.
79. If there has not been any appearance, the plaintiff may set
down the action for trial, on obtaining from the judge leave to proceed
ex paTte--
(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 an action in rem (not bei ng an action against proceeds in
court), after the expiration of two weeks from the filing of the
warrant.
80.-(1) If there has been an appearance, either party may set
down the action for trial-
(a) after the expiration of one week from the entry of the 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 ordered, when the last pleading has
been filed: or when the tim ' e allowed to, the adverse party for filing
any pleading has expir ' ed without such pleading having been filed.
(2) In a collision case the preliminary acts,may be opened as
soon as the action has been set down for trial.
81. Vhere the writ ' of summons has been indorsed, with a claim
to have an account taken., or the liability has beet! admitted 'Or
determined, 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 accounts and vouchers, and the proofs in support thereof,
shall be filed, and at the expiration of that time, either party may
have the mattet set down for triaL
Trial.
82. After the action has 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 a 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 Pr which defendant shall begin.
* As amended by Law Rev. Ord., 1937.
85. The party beginning shall first address the court, and then
prodube 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 shalf have a right to sum up
their evidence. In every case the party beginning shall have the
right to reply, 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 ease requires it, may
allow two counsel to be heard on each side.
87. If the,action is uncontested, the court may give judgment
on the evidence adduced by the plaintiff.
References.
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 mutancLis to a
reference to the Registrar, and. the Registr~r may adjourn the preh-
ceedings from time to time and from place to place, if he thinks
necessary.
90. Counsel may attend the hearing of any reference, but the
0
costs so incurred shall not be allowed-on taxation unless the Registrar
certifies that the attendance of counsel was necessary.
91. When a reference has been heard, the Registrar shall draw
up a report in writing ' of the result, showing the amount, if any,
0
found due, and to whom, together with any further particulars that
may be necessary.
992. When the report is ready, notice shall be sent to the parties,
and either 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 to the Registrar
for further inquiry or report.
As amended by Law Rev. Ord., 1937.
95. If no notice of motion to vary the report is filed within two
weeks from the filing of the report, the report shall stand confi~med.
Costs.
96. Subject to the provisions of ~hesc rules, the costs of the
whole action, and of each particular proceeding therein, and of every
proceeding before the court shall be in the discretion ot the 'Cour~;
and the court shall have full power to awardand apportion costs
in any manner it may deem proper.
97. Subject to the provisions of these rules, barristers' and
solicitors' costs shall be allowed on taxation upon the 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
exceed 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, sumin. 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 the loss of his clothes and effects 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 rejected, but is afterwards accepted, or is
held by the court to be sufficient, the party rejecting the tender
shall, unless the court otherwise orders, be condemned in the costg
incurred after fender made.
Taxa,tion of costs.
103. A party desiring to have a bill of costs taxed shall file the
bill, and, as soon as conveniently may be, the Registrar shall send
to the parties notice of the time at which. the taxation will take
place.
104. At the time appointed, if either party is present, the taxa-
tion shall be proceeded with.
105. Within one week from the completion of the taxation,
application may be 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 solicitor and client as between party and party.
107. If, in a taxation between solicitor and client, more than
one-sixth is struck off, the solicitor sh-all pay all.the costs attending
the taxation.
Appra,isement and stile, etc.
108. The court may,.either before or after final judgment, order
any property under the arrest of the court to be appraised or to be
sold with or without appraisement and either by public auction or
by private contract.
109. If the property is deteriorating in value, the court may
order it to be sold forthwith.
110. If the property to be sold is of small value, the court may,
in its discretion, order it to be sold without a commission of sale
bein. 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 ai-rest on board ship to be discharaed.
112. The appraisement, sale, and removal of property, 'the dig-
charge 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. .
113. The commission shall, as soon as po~ssible after its execution,
be filed by the bailiff, with a return setting forth the manner in
which it has 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,
0
and shall, with thecommission, file his accounts and voxichers in
support thereof.
115. The Registrar 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 proceeds may be heard before the
Registrar on the taxation.
As arnended by Law Rev. Ord., 1937,
116. Application may be 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 io be inspected.
Discontinuance.
118. The plaintiff may at any time discontinue his action, by
filin. a notice to that effect, and the defendant shall thereupon be
0
entitled - to have judgment entered for his costs of action, on filing
a notic
c to enter the same. The discontinuance of -,in action by the
plaintiff shall not prejudice any -action. consolidated therewith or any
counterclaim previously 'set tip by the defendant.
Consents.
119. Any consent in writina si-ned by the parties may, by
permission of the Begistrar, be filed, and shall thereu become an
order of court. pon
Appeals to the Ful 1 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 o~ly of the judgment or order appealed
from is complained 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 pos~pone the hearing of the appeal on
such terms as may seem 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 discreti on, call in the aid of one
.or more assessors, whose fee~ shall be paid in the firsfinstance by the
appellant, unless the Full Court otherwise orders.
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 m.ty require, or to
As amended by Law Rev. Ord., 1937.
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,
be brought after the expiration of one month.
127. An appeal shall not operate as a stay of execution or ol
proceedings under the decision appealed from, 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..I
128. A party desiring to appeal to His Majesty in Council from
any decision of the' Full Court shall, within one month from the date
of the decree or order appealed from, file a notice of appeal, 'and give
bail in such sum, not exceeding
to answer the costs of the appeal.
129. Subject to any order of His Majesty'i n Counci 1 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
0
steps as may be required by the practice of the Judicial Committee
of the Privy Council.
Ptuies 128 to 132 relate only to the proceedings to be taken in the Supreme
Court of Hong Kong. Appeal lies to the Judicial Committee of
the Privy Council from the Supreme Court of Horg Kong. See s. 6
of the Colonial Courts of Admiralty Act, 1WO, 53 & 54 Vict. c. 27.
The right of appeal has been defined and regulated by Order of
H.M..in Council dated 10th August, 1909, (S. R. & 0. 1909, p. 805).
For practice and procedure see H.M. Order in Council of 11th
December, 1865, (S. R. & 0. Rev. 19M VI Judicial Committee, ~. 98)
and the Judicial Committee Rules, 1925, (H.M. Order in Council of
2nd May, 1925-G.N. 207 of 1927).
As amended by Law Rev. Ord., 1937.
131. On sbrv.ice of the monition for process, the Registrar shall
forthwith prepare the process at the expense of the party ordering the
132. The process, which shall consist of a copy of all the pro-
ceedin.s in the action, shall'be signed by the Begiqtrar and sealed
0 cl . cl
Avith the seal of the court, and shall be transmitted by the Beaistrar
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 intd*the Supreme Court.
134. A receipt,for the amount shall be filed, and thereupon the
payment into court shall be deemed to be complete.
Payinents out, o f court.
V25. No money shall be paid out of court except on an order
signed by a judge. ' Subject as aforesaid, all payments out of court
shall be made in accordance with and subject to the provisions of any
Ordinance or rule of court with reference to payments out of the
Supreme' Court.
Caveats.
136. Any person desiring to prevent the arrest of any property
may file a notice undertaking, within three days after being required
to do so, to give bail to any action or countirclairn that, may have
been or ma be brought against the property, and thereupon the
y 0 1
Reaistrar shall enter a caveat in the caveat warrant book mentioned
0
in rule 157.
137. Any person desiring to prevent the release of any property
under arrest shall file a notice, and thereupon the Registrar shall
enter a caveat in the caveat release book mentioned in rule 157.
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 mentioned in rule 157.
As aniended hy Law Rev. Ord., 1937.
139. If the person entering a caveat is not a party to the action,
the notice shall state his name and address, and an address within
three miles of*the, Registry, at which it shall be sufficien't to leave all
documents required to be served upon him.
140. The entry of a caveat war ' rant s ' hall not prevent the issue
of a warrant, but a party at whose instance a warrant is iss-ded for
the arrest of any property in respect of which there is a caveat
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 caveat 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 with-
drawing it.
(2) The court may over-rule, any caveat.
Orders for payment.
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 any money
in wurt applicable for, the 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, whom 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.
Attachments.
145. 11 any person disobeys an order of the court or commits a
contempt of court, the judge may order him to be attached.
As amended by Law Rev. Ord., 1937.
146.-
. (1) The person attached shall, without delay, be brought
before the court,, and if he persi ' sts in his disobedience or contempt,
the court mdy order him to be committed.
(2) The order for committal shall be executed by the bailiff.
Instruments, etc.
147. The bailiff shall execute by himself or his officer all instru-
ments issued from the 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 siped by the Registrar, and shall be issued under the seal of
the court.
149. Every document issued under the seal of the court shall bear
date on the day of sealing, and shall be deemed to be issued at the
0
time of the sealing thereof.
150. Every document requiring to be served shall be shryed
within six months from the date thereof, otherwise the service shall
not b6 valid.
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
instructions 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 lor service of the party to whom notice is to
be.given.
Filing qf 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.
154. Any number of documents in the same action may be filed
with one and the same minute.
As amended by Law Rev. Ord., 1937.
155. No document, except preliminary acts, bail-bonds, docu-
ments issued from the Regi try, and minutes, shall be filed without
,S
signed by the party filing the same,
a certificate indorsed thereon, 0
that a copy thereof has been served upon kilhe adverse party, if any.
Records of the court.
156. There shall be kept in the Registry a book, to be called the
0
minute book, in which the Registrar shall enter in order of date,
under the head of each action, and on a page numbered with the
number of the action, a record of the commencement of the action,
of all appearances entered, ill documents issued 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.
157. There shall be kept in the Registry a caveat warrant book,
0
a caveat release book, and a caveat payment book, in which all such
caveats respectively and the withdiawal thereof shall be entered by
the Registrar.
158. Any solicitor may, free of charge, inspect the minute and
caveat books.
159. The parties to an 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 be
entitled to inspect the records in a pending action without the per-
mission of the Re.-istrar.
161. In an action which is terminated, any person may, on pay-
ment. of a search fee, inspect the records in the action.
Copies..
16,2). Any person entitled to inspect any document in an action
shall, on payment of the proper charges for the same, be entitled to
an office copy thereof under the seal of the court.
1 Forms.
163. The forms in the Appendix shall be followed, with such
variations as the circumstances may require, and any party using any
other forms shaH be liable for any costs occasioned thereby-
As amended by Law Rev. Ord., 1937.
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 proccedinp therein specified, and in respect of all other
matters or proceedings the court fees taken for similar matters or
proceedings 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 same manner as they are for the time
being payable in the original jurisdiction. of the court.
0
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 the value of the res does not
exceed one thousand dollars, hall fees only shall be charged and
allowed.
Cases not provided for.
169. All Ordinances having reference 'to the practice and pro-
cedure of the Supreme Court as to discovery and the form and
admission of evidence, and as to the form and administration o~ oaths
and declarations, and as to subpomas, and as to the form of atlfidavits
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 enforcing any decree or order shall, so far as the
same may be applicable and not inconsistent with these rules, apply
to proceedings in the Admiralty jurisdiction. In all other cases not
provided for by these rules, the practice of the Admiralty Division of
the Hi-h Court of Justice of England shall be followed~
0
Appendix.
I-FORMS.
Foum No. 1. Rule 4.
TITLE OF ACTION in rem.
No. [here'insert the number of the action].
A.B., Plaintiff,
against
(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 -hip [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
or (f) The proceeds of the cargo CX 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 maqj be].
FoRm No. 2. [Rule 4.]
TITLE OF ACTIO'N in, personam.
No. [here insert the 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. [Rule 4.1
TrrLE OF ACTION IN THE NAME OF THE CROWN.
No. [here insert the number of the action]-
Our Sovereign Lord the King
[add, where necessary, in His Office of Admiralty]
against
(a) The ship [or us the case may be],
or,
(b) A.B., etc., [the person or persons proceeded against].
Action for [state nature of action].
Fowm No. 4. [Rule 5.1
WRIT OF SUMMONS. in rem.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
IL.S.] [Here insert title of action].
GEORGE, by the Grace of God, of Great Britain, Ireland and the
British dominions beyond the seas King, Defender of the Faith,
Emperor of India.
To the owners and all otheTs interested in the ship-
[her cargo and freight, etc., or as the case may be].
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 Hong Kong 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 His Honour Chief Justice of Our
said court,.this day of 19
Sealed by Registrar.
Memorandum to be 'aubscribed 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 an
ty
appearance [or appearances], either personally or by solicitor, at the
Registry of the said court.
As amended by Law Rev. Ord., 1937.
FORm 'No. 5. [Rule 5.]
WRIT op SummoN.s.in personam.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
IL.S.1[Here insert title of action].
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 Hong Kong 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 llis 11onour Chief Justice of Our
said court this day of 19
Sealed by Registrar.
Memorandum to 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 an
appearance [or appearances], either personally or by solicitor, at the
Registry of the said court.
FORm No. 6. [Rule 5.]
INDORSEMENTS TO BE MADE ON THE WRIT BEFORE ISSUE THEREOF.
The plaintiff claims [insert description of claim as given in
Form No. 71.
(2) This writ was issued by the plaintiff in person, who resides at
[state plaintifi's Place of residence, with naine of street and number
of house, if any].
or,
This writ was issued by C.D. of [state place of business], solicitor
for the plaintiff..
(3) All documents required to be served upon the plaintiff in.the
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.
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 prosecuting in the name of the Crown, or his solicitor, as the
case may be].
(3) All documents required to be served upon the Grown in this
action may be left at [insert address for service within three miles
of the Registry].
FORm No. 7. [Rule 5.1
IXDORSEMENTS OF CLAIM.
(1) Damage by collision:
The plaintiffs, as owners of the ship ' Mary [her cargo and
freight, etc., or as the case ?nay be] clairn the sum of $
against the ship - JAne - for darnage 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 stirn of $ for salva,,e services rendered by them to
the ship - Jane ', [her cargo and freight, etc., ir 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 clairns the sum of $ for pilotage of the ship.
C
Jane ' on the day of 19 frorn [state
wherie pilotage coi~ipitc)zcedl to [state where pilotage en~e(i]; 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 near [state where the
services were rendered]; and for costs.
(5) Master's wages and disbursements
The plaintiff clairns the sum of $ for his wages and dis-
bursernents as master of the ship Mary and to have an account
taken thereof; and for costs.
(6) Searnen's wages:
The_plaintiffs, as seamen on board the ship ---Mary claim the
sum of for waues due to them, as follows; and for costs:
to A.B., the mate $30 for two months' wages from the
day of 1 19
to C.D., able seaman $ etc., etc.;
land the plaintiffs claim to have an account taken thereof].
(7).lyecessaries,' repairs, ~tc.:
The plaintiffs claim the sum of $ for necessaries supplied
or. repairs done, etc., as the case rhay be] to the ship ---Mary -, at
the port of on the day of 1 19
and for costs land 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 possession of the said ship.
(b) The plaintiff, as owner of 48-64th shares of the ship---Mary-,
of the port of ' claims possession of the- said ship as
against C.D., owner of 16-64th shares of the said shil).
(9) Mortgage:
The plaintiff, under a mortgage dated the dty of
0
19 claims against the proceeds-of the ship---lklary---the sum of
$ of the amount due to him for principal and interest; and
for costs.
(10) Claims betwe'en co-owners:
(a) The plaintiff, as part owner of the ship 'i'YIary', claims against
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; and for costs.
(b) The plaintiff, as owner of 24-64th shares of the ship---Mary-,
being dissatisfied with the management 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) Bott.omly:
The plaintiff, as assignee, of a bottomry bond, dated the day
of 19 and granted by C.D., as master of the
ship ' Mary ofto A.B., at the port of
claims the equivalent in Hong Kong currency of the sum of
against.the ship ' Mary ', [her cargo and freight, etc., or as the
case may be] as the amount due to him under the said bond; and
for Costs.
(12) Derelict:'
A.B. claims to have the derelict ship - Mary- [her cargo, etc.,
or as the case may be], conden~ned as forfeited to His Majesty in His
Office of Admiralty.
(13) Piracy:
A.B., Commander of H.M. * S. Torch claims to have the
Chinese junk - Tecumseh - and her cargo condemned as forfeited-to
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 cargo], seized by him on
the day of 1 19 , condemned as forfeited to
His Majesty, on the ground that the said vessel was, at the time of
her seizure, engaged in or fitted out for the slave trade, in violation
of the Act 5'Geo. 4, c. 113, [or as the case may bei.
or,
C.D., the owner of the vesselland 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 Islanders Protection Acts:
A.B., Commander of H.M.S. 'Lynx'~ claims to have the British
ship - Mary - and her cargo ' condemned as forfeited to Ilis Majesty,
lor 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 arms and munitions of war' on board thereof, condemned 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 - [or as the case may be]
condemned as forfeited to His Majesty for violation of [state Act
under which forfeiture is claimed].
(18) Recovery of pecuniary forfeiture or penalty:
A.B. claims judgment against the defendant for penalties for
ty
violation of [state Act or Ordinance under which penalties are
clai7ned].
As amended by Law Rev. Ord., 1937.
FORM No. 8 [Rule 17.]
CERTIFICATE OF SERVICE TO 13E INDORSED 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 19
(Signed) X.Y.
FORm No. 9. [Rule 21.1
,APPEARANCE.
(1) By defendant in person.In the Supreme Court of Hong Kong, 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 Hong Kona, Admiralty Jurisdiction.
0
[Title of action.]
Take not-ice that 1 appear for C.D., of [insert address of C.D.], in
this action.
Dated the day of 19
(Signo) X.Y., Solicitor for C.D.
my place of business is
My address for service is
FORM No. 10. [Rule 21.1
INDORSIDUUM OF Slgr-OPP OR COUN~CLAM.
The defendant [or, if ke is one of several defendants, the de-
fendant C.D.], owner of the ship---Mary--- [or as the case* may be]
claims from the plaintiff [or claims to set off against the plaintiff's
claimil the sum of. dollars for [state nature of the set-off or
counterclaint and the relief or remedy required (is in Form. No. 7,
mutatis mutandis] ; and for costs.
FORm No. 11. [Rule 28.]
AFFIDAVIT To LEAD WARRA9T.
In the Supreme Court of Hong Konog, Admiralty Jurisdiction.
[Title of action.]
1, A.B., [state naPne and address] inalie oath and say that 1 have
a claiin against tile ship Mary --- for [statc nature of claim].
And I further inake 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 1 19 '
the said A.B. was duly sworn to the (Signed) A.B.
truth of 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 a.?td address of `person suing in the
name of the Crown] make oath and say tlat 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-
1
(a) as having been fitted out for or engaged in the slave trade in
violation of [state Act or Treaty alleged to have been violated]
or (b) as having been captured from pirates;
or (c) as having been found derelict;
or (d) for violation of [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 (Signed) A.B.
truth of this affidavit at
Before me,
E.F., etc.
FORM No. 12. [Rule 33.
WARRANT.
In the Suprerne Court of Hong Kong, Admiralty Jurisdiction.
LL.S.] [Title of action.]
GEORGE, by the Grace of God, etc.
To the, bailiff of Our Supreme Court of Hong Kong.
We hereby command you to arrest the ship [her cargo
and freMit, etc., o:r as the case ~)tay be], and to keep the same under
0
safe arrest, until you shall receive further orders f rem Us.
Given at in Our said court under the seal thereof,
1111s da y of 19
Warrant.
Taken out by
(Siped) Registrar.
c 0
FoRm No. 13. [Rule 37.1
CERTIFICATE OF SERVICE TO BE EX DORSED ON THE WARM\T
AFTER SERVICE THEREOF.
This warrant was served by [state by whoin, and in what-mode
service was effected] on day, the day of
19
(Signed) G.H., Bailiff.
FoRsi No. 14. [Rule M.]
BAIL-13OND.
In the Supreme Court of llon, Rong, Adrniralty urisdiction.
0 0 J
[Title of action.]
Know all men by these presents that we [insert names, addresses,
and descriptions of the svrcties in Itill] hereby jointly and severally
submit ourselves to the jurisdiction of the suid court, and consent that
if the said [insert naine of party for whom bail is to be given, and state
whether plaintiff or defendant] shall net pay what may be adjudged
against him in the above-named action, with costs [or, for costs,
if bail is to be given only for costs], execution may issue against us,
our 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 sureties'.
sureties, the day of 19
in the Registry of the Supreme Court of
Hong Hong [or as the case may be].
Before Me,.
(Signed) E.F., Registrar.
as the case may be.]
FORM No. 15. [Rulb 39.1
COMMISSION TO TAKE BAIL.In the Supreme Court of llong Kong, Admiralty Jurisdiction.
[Title of action.]
GEORGE, by the Grace of God, etc.
To [state name and description of commissioner], greeting.
Whereas in the above-named action bail is required to be taken on
behalf of [state name of party for whom bail is to be given and
whether plaintiff or defendant] in the sum of [st^ate sum in letters]
dollars, to answer judgrpent in the said action.
We therefore hereby authorize You to take such bail on behalf of
the said -from two sufficient sureties, upon the bail-bond
bereto 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 pxecuted and signed by the said sureties, you do transmit
the same; attested by you, to. the Registry of Ou'r said court.
Gi,mn at in Our said court, under the seal thereof,
this day of
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 44.1
NOTICE OF BAIL.
In the Supreme Court of Hon- Kong, Admiralty Jurisdiction.
0 0
[Title of action.]
Take notice that 1 tender the under-mentioned persons as bail on
belialf of [state namc, address and description of Part?] for.whom bail
is to be given and zi~hether plaintiff or defendant] in the sum of [state
sion in letters and figures] dollars to answer judgment in this action
0
[or jutlgn-ient and costs, or costs only, or as the case may be].
0
Narres, addresses, and descriptions of
SURETIES. ]REFEREES.
(2) (2)
Dated the day of 19
(Signed) X.Y.
Foitm No. 17. [Rule 45.1
NOTICE TO JUSTIFYIn the Supreme Court of Rong Kong Admiralty Jurisdiction.
[Title of action.]
Take notice that 1 require [state name, address and. desc ription
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
(Sir-
>ned.) A.B.
FoRm No. 18. [Rule 45.1
AFFIDAV1T OF JUSTIFICATION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
[state name, address and description of sitrely], one of the
proposed sureties for [state name, address and description of person
for 1v71om bail is to be given] make oath and say that 1 am worth
more than the sum of [state in letters the s~ 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 Signattire of szi?.ety.
Before me,
E.F., Registrar.
1 0
[or Cominissioner, as the case may be.]
Fonn No. 19. [Rule 45.]
NOTICE OF OBJECTION TO BAIL.
In the Supreme Court of Hon, Kon,,, Admiralty Jurisdiction.
[Title of action.]
Take notice that I object to the bail proposed to be.given by
[state navic, address and description of surety or sureties objected to]
in the above-named action.
Dated the day of 19
(Signed) A. B.
FORM No. 20. [Rule 60.]
RELEASE
In the Supreme Court of Hong Kong, Admiralty Ttirisdiction.
I.L. S. ] [Title of action.]
GEORGE, by the Grace of God, etc.
To the bailiff of 0?ir Supreme Court of Hong Kong, greeting.
Whereas by Our warrant issued in the above-named action on the
day of 1, 19 1 We did command you to
arrest [state name and nalitre of property arrested] and to keep the
same under safe arrest until you should receive 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 payinent
being made to you of all fees due to and charges incurred by you
in respect of 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. [Rule 57.1
PLEADINGS.
(1) In an action for damage by collision:
a. (' The Atlantic
PETITION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued
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 Yova.e froin Cardiff to Granville,
in France, laden with coals, and manlied with a crew of nine hands,
all told, was about fifteen miles S.E. 1 E. from the Lizard Light.
2 The wind at the time was about E.N.E., a moderate breeze,
the weather was fine, but slightly hazy, and the tide was about slack
water, and of little force. The ---Anthes--- was sailin(r under all
0
plain sail, close hauled on the port tack, heading about. S.E. and
proceedincy through the water at the rate of about five knots. Her
proper regulation side sailing lights were duly placed and exhibited
and buining brightly,' and a -Ood 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 ---Atlantic -, at
the distance of about from one mile and a half to two miles from
the ---Antbes ',,,qnd bearing about one point on her port bow. The
---Anthes ' was kept close hauled by the wind on the port tack.
The ---Atlantic ' exhibited her -reen light and shut in her red light,
and drew a little on to. the starboard bow of the ---Anthes -, and
she was then seen to be approaching and causing immediate danger
of collision. Tho, helm of the ---Anthes--- was thereupon put hard
down, but the ---Atlantic -, although loudly bailed from the
Antlies ', ran against and with her stem and starboard bow struck
the starboard quarter of the ---Antlies--- abaft the inain
and did her so much (ttmt-e'that the---Anthes- soon afterwards sank,
and was with her cargo wholly lost,
tn...I four of her hands were
drowned.
4. There was-no proper look-out kept on board the ' Atlantic
5.. Those on board the ---Atlantic--- improperly neglected to take
in due time proper measures for avoiding a collision with the
Anthes
G. The helm of the ' Atlantic---was ported at an improper time.
7. The said collision, and the damages and losses consequent
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
damaae 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 COUNTERCLABI.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1. The defendants are the owners of the S'wedish 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
headin,,, about W.S.W., making from five to six knots, with her
regulation lights duly exhibited and burning, and a good look-out
being kept on board lier.
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 the---Atlantic---
was put to port in order to pass on the port sides of these vessels.
One,. however, of 'the vessels, which was the ---Antlies -, altered
her course, and exhibited her green- light and caused dana*er 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 fou- of her crew being saved by the ---Atlantic
4. Save as hereinbefore admitted, the several statements in the
petition are denied.
5. The - Anthes was not kept on her course as required by
law.
6.. The helm of the - Antlies - was improperly starboarded.
7. The collision was caused by one or both of the things stated
in the filth and sixth paragraphs hereof, or otherwise b the negligence,
0 y
of the plaintiff or of those on board th.e Anthes
8. The collision was not caused or contributed to by the de-
fendants, 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 plaintiff [and his bail] for the damage
occasioned to the defendants by the collision, and for the costs of
this action.
2. To have an account taken of such daina-e, with the assistance
of merchants. 0
3. Such further and other relief as the nature of the case may
require.
Dated the day of 19
(Signed) C.D., etc., Defendants.
REPLY.
In the Supreme Court of Hong Kon-, Admiralty Jurisdiction.
[Title of action.]
The plaintiff denies the several statements contained in the
answer and counterclaim, [or admits the several statements contained
in paragraphs andof the answer and counterclaim, but
denies the other statements contained therein].
D~ted the day of 19
1 (Signed) A.B., Plaintiff.
b. (' The Julia David
PETITION.
In the Supreme Court of Hong Kong, 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 liorse-power, of which
the plaintiffs -were owners, whilst oil 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 tiffle was about south-west, the weather was
a little hazy and occasionally slightly thick, and the ---Sarpedon
was under stearn and sail, steering' nortli-ea,,[, and proceeding at file
rate of about ten knots. ller proper regulation mast-head and side
lights were duly exhibited and burning brightly, and a good. look-out
was being kept.
3. At such tinic the mast-head and red lights of a steam. vessel,
which proved to be the above-nained vessel ---Julia David ', were
seen a6 the distance of about two miles from and ahead of the
' Sm.pedon but a little on her, port bow. The helm of the
' Sarpedon was ported and hard-a-ported, but.tile ---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, tile ---Julia David' with her stem struck the ---Sarpedon-
oil lier port side, abreast of her red light, and did her. so much
damage that her master and crew were compelled. to abandon her,
rind she was lost with her eir~o. .
0 The ---julia David went away
without rendering assistance to those on board the 'Sirpedon
c)
and without answering signals which were made by them for
2ssistance.
4. Those on board the---Julia Dav'id---neglected to keep a proper
look-out.
5. Those on board the ---Julia, David--- neglected tG duly port
the heliR of the ' Julia David.---
6. The lielm of the---Julia David.'.' was improperly, starboarded.
7. The ---Julia David ' did not duly obser~,e and comply with
the provisions of Article 16 of the ilegulations for Preventing.
Collisions at Sea.
8. The said collision was occasioned by the improper and negligent
navigation of the ---Julia David
C
The plaintiffs claim-
1. A declaration that they are entitled to,the damage proceeded.
for, and the condemnation of the said steamship ---Julia David---
and the defendants therein, and in costs.
2. To Nve 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 19
(Signed) A.B,, etc., Plaintiffs.
ANSWER AND
COUNTERCLAIM.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1. The defendants are the owners of the Belaian screw steamship
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 general cargo, bound to Alicante and other
ports in the Mediterranean.,
2.. About 21.45 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. j W. by bridge
steering compass, or SM. A W. magnetic, and was making about five knots.
Her regulation lights were duly exhibited and burning brightly, and a good
look-out was being kept on board Ifer.
E)
3. In the circumstances aforesaid, 'those on board the ---Julia David---
saw the green and mast-head lights of a steamship, the 11 Sarpedon -, about
two miles off, and about two points on the starboard 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, n'evertheless, the ---Sarpedon--- came 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 pumps sounded. She was making much water,
and it was found necessary to turn her head away from the wind and sea. As
soon as it could be done without great danger, she was steamed in the
direction in which those on board her believed the ---Sarpedon ' to be, but
when day broke and no traces of the ' Sarpedoil--- could be discovered, the
search was given up, and the ' Julia Dfivid -; being in a very disabled state,
made her way to a port of r.efuge.~,
5. Save as hereinbefore appears, the several statements contained
in the petition are denied.
6. A good look-out was not kept on board the---Sarpedon
7. The helm of the---Barpedon was improperly -ported.
8. Those on board the ---Sarpedon improperly neglected or
omitted to keep her on her course.
9. Those on board the ---Sarpedon did not observe the'pro-
visions of Article 16 of. the Regulations for Preventing Collisions
at Sea.
10. The collision was occasioned by some or all of the matters
and things alleged in the 6th, 7th, 8th and 9th paragraphs hereof,
C> c)
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 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 19
(Signed) C.D., etc.,' Defendants.
REPLY.
In the Supreme Court of llong Kong, Admiralty Jurisdiction.
[Title of action.]
The plaintiffs deny the several statements contained in the answer
and counterclaim [or as the cage May be].
Dated the day of 19
(Signed) A-B_ etc., Plaintiffs-
(2) In an action loT salvage:
a. (The '.Crosby
PETITION.
in the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of actionj
Writ issued 19
1. The ---Asia--- is an iron screw steamship of 902 tons net
register tonnage, fitted with engine ' s of 120 horse-power nominal, is
of the value of $150,000, and was, at the time of the services herein-
after stated, manned with a crew of twenty-thre.e 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 voyage to Nikolaev to load a
cargo of grain, was between Udessa and Ochakov, those on board
her saw a steamship ashore on a bank situated about ten miles to
the westward of Ochakov. The---Asia---immediately steamed 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 ---Crobby -,
in charge of the second mate of the ---Asia -, and subsequently the
master of the ---Grosby--- boarded the ---Asia -, and at the request
of the master of the ---Grosby -, the master of the ' Asia--- agreed
to endeavour to tow the---Crosby ' afloat.
4. The---Crosby ' at this time 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 ---Agia--- 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 he 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 - Asia - tried again to get the - Crosby - off, but without
success. The - Asia - then towed with a hawser ahead of the
- Crosby and succeeded in getting her afloat, upon which the
- Crosby steamed to an anchorage and then. brought up.
10. The - Asia, ' steamed after the - Crasby - and again came
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 Asia - proceeded
on her voyage.
11. By the services of the plaintiffs the ' Crosby aiid her cargo
were rescued from 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.
0
12. The - Asia - encountered some risk in being lashed aloDg-
side 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 steninship of 1,118 tons net
(1,498 gross) register tonnage. As salved, the - Crosby '.' and her
carao and freiaht have. been agreed for the purposes of this action
at the value of $41,092.
The plaintiffs claim-
1. Such an amount of salva ge, regard being had to the said
agreement, 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
(Signed) A.B., etc., Plaintiffs.
ANSWERIn the Supreme Court of Ilong Kong, Admiralty Jurisdiction.
[Title of action.)
1. The defendants admit that the statement of facts contained in
the petition is substantially corr,,et, 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 amoderate 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., Defendants.
REPLY.
In the Supreme Court of Hong Kong, 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.
Dated the day of 19
(Signed) A.B., etc., Plaintiffs.
b. (The ' Newcastle
PETITION.
In the Supreme Court of Hong Hong, Admiralty- Jurisdiction.
.[Title of action.]
Writ issued 1 19
1. The---Emu ' is 9; 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 stat~d,
manned by a crew of five hands.
2. Just before midnight on the 22nd July, 1906, when the 'Emu'
Wai; 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. of the 2~rd.
3. About 2 a.m'. the Emu ' reached the screw steamship, which
was the ---Newcastle -, and which was last 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--- ofiered. his services, which were
at first declined by the master of the ---Newcastle shortly after-
wards 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 '~ Emu ' to tow him
off, and, after some conversation, it was agreed that the remuneration
should be settled on shore. It
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 11 Off.
6. The master of the---Emu-then asked if the -Newcastle- was
making water, and was told a little only, but as, he saw that the hands
were at the pumps lie kept the ' Emu---by the ' Newcastle---until
she was abreast of Whitby. He then inquired again if any assistance
was wanted, and being told thatthe---Newcastle was all right and
would proceed on her voyage, 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, came on to blow with a high sea. If the 'Newcastle' had not been got
off before the gale came on, she would have gone to pieces on the rocks.
8. By the services aforesaid the Newcastle---and her cargo and the lives
of those on board her were saved from total loss.
9. The---Newcastle--- is a screw steamship of 211 tons register, and was
bound 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 as 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.
ANSWIM.
in the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1. At about 6.45 p.m. on the 22nd July, 1906, the irQn screw
steamship ---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 the---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 i 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 tide made. Several cobles came to
the---Newcastle ' from Runswielk, 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
Emu -, whose owners, master, and crew are the plaintiffs in this
action,.came to the---Newcastle---and offered assistance,, which wfis
also declined.
5. The flood tide was then making, and.by about 2.45 a.m. the
Newcastle ' had floated forward, and attempts were made to get
the stern of the !' Newcastle ' also afloat, and the warp attached
to the aforesaid 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 port bow of the ---New-
castle ', and directions were given to the ---Emu -I 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---Efflu'
then set ahead and almost immediately the said rope 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 bead to the eastward. This the
Emu--- did and continued to do until about 4.45 a.m.,,when the
Newcastle ', by means of her own engines, was moved off from
the ground, and the ---Emu ' was brought broad on the port bow
of the Newcastle -, and. the ' Emu - had to stop towing and
to shift the rope from her port bollard, where 'it was fast, to her
towing hook, but the - Newcastle - continuing to go ahead, the
said rope had to he let go on board the - Emu ' and it was then
hauled in on board the - Newcastle -. The, - Newcastle -, under
her own steam, then commenced proceeding south, the wind at the
time. beina N.N.W. and light, and the weather fine. It was after-
wards ascertained that the Newcastle - was makin- a little water
in her afterhold, 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 lluniber at about 2.45 p.m. of the sarne day.
7. Durin- the tirne aforesaid the master, crew, and passengers
0 ty
of the - Newcastle - remained on board the Newcastle -, and no
danger was incurred in their so d&ng.
8. Save as herein appears, the defendants deny the truth of the
several statements contained in 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.
(8) In an action for distribution of salvage:
PETITION.
In the Supreme Court of Hong'Kona, Admiralty Jurisdiction.
[Title of action.]
Writ issued 19
1. Describe bri6fly the salvage services, stating the part taken in
them by ~he 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 ovmers 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 them as the court shall think fit, and the costs of
t 0
this action.
2. Such other relief as the nature of the ease may.~equire.
Dated the day of 19
(Signed) A.B., etc., Plaintiffs.
(4) In an action for iii(~.stci.'s icages and digbttrsciiicnts:
a. C' The Princess
PETITION.
In the Supreme Court of llong Eong, 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 acreed 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 2.5th October, 1907, and there is now due to
him for his wages as rnaster 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 accou ' nt 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 $1,2(0, to be due to him for ~es and disbursements, and
0
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 as the nature of the case may
require.
Dated the day of 19
(Signed) A.B., Plaintiff.
b. (The, ' Northumbria
PEnTION.*
In the Supreme Court of Hong Kong, Admiralty Jurisdicti~)n.
[Title of action.]
Writ issued
1. In or about the month of July, 1905, the plaintifi 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 Po 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- retunied 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 - vo ag , which is thus described in the ship's
y VC
articles signed by the plaintiff and her crew before commencing the
same, viz., ' A voyage frorn Cardiff to'Bahia or Fernambuco, 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, 'includina the Mediterranean Sea or Seas adjacent,
to and fro, if required., for any period not exceeding threc.years,
but finally to a port of d.ischar,-,q in the. United Kingdom or Con-
tinent of Europe.'
4. The ---North umbria 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.
The plaintiff was ready and willing to continue in the service
of the -.Northumbria '', and to perform his duty as her master
on and durim, the said voyage, but the defendants, the owners of
the ---Northumbria -, wrongfully and without reasonable cause dis-
charged the plaintiff on the. 23rd November from his employment
is master, and appointed another person as master of the ' Northum-
bria ' 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 ' Northum-
bria -, earned his wages at the rate aforesaid; and he also, as' such
master, made divers disbursements on account of the ' Northum-
bria '; 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 refused to pay to the plaintiff.
The plaintiff claims-
1. Payment of the sum of $1,080, the balance due to the plaintiff
for his waces and disbursements, with interest thereon.
2. Damages in respect of his wrongful discharge by the, de-
fendants.
3. The condemnation of the defendants [and their bail] in the
amounts claiined 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 wacr 8
. e
and disbursements, and for dainages in respect of such wrongful
discharge.
5. Such further and other relief as the nature of the case may
require.
Dated the day of 19
(Signed) . A.B., Plaintiff.
ANSWER.
In the Supreme Court of Hong Rong, 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.
0
2..Whilst the ' Northumbria--- was upon her voyage in the
said 3rd paragraph mentioned, and before and until she put into
0
Falmouth, as in the said 4th paragraph mentioned, the plaintiff was
frequently under the influence of drink.
'3. During the night of the 10th November, 1907, and the morn-
ing 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
ty
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 inquiries 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, wronAully and improperly tore out and
destroyed certain entries which had been made by the mate of the
said ship in her loo-book relating to the said voyap 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 plaintiff'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., Defendants.
REPLY.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
The plaintiff denies the several statements contained in the
answer [or as the case may be].
Dated the day of
(Signed) A.B., Plaintiff.
(5) In. an action far seamen's wages:
PETITION.
In the Supreme Court of Rong Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued ' 19
1. The plaintiff, A.B., was engaged as mate 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 1 19 1 to the day of
19 and durin. that time as mate of the
0
said bria earned wages amountino, to $ After giving
credit for the sum rece;*ved by him on account, as shown in the
Schedule hereto, 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
a tl
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 due to them the following sums, namely
To C.D. the sum of $
To E.F. $
To GM. $
3. The plaintiffs J. K. and L.M. were engaged as ordinary seamen
0 7
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 said wages, there remain due to
them the following surns, namely:-
To J.K. the sum of $
To L.M. it $
SCHEDULE referred to above.
Wages due to AJ3., mate, from the 19 to the
2 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 19 months and days, at $
per month.
Less received on account ........
Balance due .........
land so on itith 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 JIong Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued 19
1*. In the month of July, 1906, the Italian barque - Roma
Capitale ' was lying in the port of Rangoon in the Pegu Division
of British Burmah, 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 Genova the sum of
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
T. Accordingly, by a bond of bottomry dat ed the 11th day of
the said month of July and duly executed by him, the said Pictro
~Ozilia, in consideration of the sum of
Cassa Marittima di Genova upon the said adventure upon the.said
barque and freight at the maritime premium of 23 per cent., bound
himself and the said barque and the freight to become payable
0
in respect of the said voyage to pay to the said Cassa Marittima, di
Genova, their successors or assigns, the sum of
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 said Cassa
Marittima . di Genova 'should take upon themselves the maritime
risk of the said voyage.
3. The - Roma Capitale ' has since successfully prosecuted her
said intended voyage for which the aforesaid bond was granted, and
arrived atas her port of discharge on or about the
30th March, 1907.
4. Before the issue of the writ in this action the said bond
became due and payable, and was duly indorsed by the said Cassa
Marittima di Genova to the plaintiffs, who thereby became and are
the legal holders thereof, and the sum of
and owing there-on 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 - Roma Capitale - and
her freight in the equivalent in Hong Kong currency of the sum
of
per annum from the time when the said bond became payable, and
in costs.
3. A sale of the said barque and the applica6on'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.
DaIed the day of
(Signed)A.B., etc., Plaintiffs.
0
(7) In an action for mortgage:
PETITION.In the Supreme., Court of llon- Rong, Admiralty Jurisdiction.
[Title of action.]
Writ issued 19
1. The above-named brigantine.or vessel -Juniper- is a British
ship belonaing to the port of of the.re-istered
r) 0 ZY
tonnage of 109 tons or thereabouts, and, at the time of the mortgage
0
hereinafter mentioned, Thomas Brock, of was the
registered owner of the said brigantine.
2. On the 4th July, 1906, 32-64th parts or shares of the said
brigantine were mortga-ed by the said Thomas Brock to the plaintiff,
to secure the payment. by the said Thomas Brock to the plaintiff
of the sum of
5 per cent. p& annum on or before the lsit July, 1907-
3. The said mortgae 'of the - Juniper - was made 1)v an
0 '1
4i1I July, 1906, in the foym presieribe~ by
,instrument dated LLe
the 1Merehant Shipping Act, 1,90-4, and wa . s duly registered in accord-
ance with the provisions 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
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 Hong Kong currency of the
said principal sum of
2. 1 To lia;ve an account taken of the amount due to the plaintiff.
3. Payment, put of the proceeds of the said brigantine now
remainina in court, of the amount found due to the plaintiff, to-ether
with costs.
4. Such further and other relief as the nature of the case ma y
require.
Dated the day of 19
(Signed) A.B., Plaintiff.
(8) In an action between co-owners (for account).
PETITION.
In the Supreme Court of Hong Kong, -Admiralty Jurisdiction.
[Title of action.]
Writ issued 19
1. The ---Horlock is a sailing ship of about 40 tons register,
trading between abd
2. By a bill of sale, duly registered on the llth June, 1897,
the defendant, John Ilorlock, 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 Thomas Worraker transferred his said
32-64th shares of the ship to George Wright, the plaintiff, for the
sum of $1,750.
4. The defendant, John Horlock, has had the entire management
and the command of the said ship from the llth June, 1897, down
-to the present time.
5. The defendant has from time to time, up to and including
the 24th September, 1904, rendered accounts of the earnings of the
ship to the aforementioned Thomas Worraker, but since the said
24th September, 1904, the defendant has rendered no accounts of
the earnings of the ship.
6. Since the 16th De.cem~er, 1906, the ship has continued to
trade between and and the plaintiff has
made several applications to the defendant, John Horlock,. for an
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 said ship
Horlock
2. To have an account taken of the earnings of the said ship,
and that the d * efendanf 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) , G. W, Plaintiff.
ANSWER.
In' the Supreme Court of Hong Kong, 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 fraudulently and without the knowledge, consent, or
authority.of the defendant.
3. The defendant does not admit the staternents contained in
paragraph 3 of the petition, and says that if the said Thomas
Worraker transferred any shares of the said ship to the plaintiff
as alleged (which the d . efeadant does not admit), he did so wrone,
0
fully, and unlawfully, 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
(Signed) J. H., Defendant.
REPLY.
In the Supreme Court of Hong Kong,. Admiralty Jurisdiction.
T
[Title of action.]
The plaintiff denies the several statements in the answer.
Dated the day of 19
(Sigiled) G. TV., Plaintiff.
(9) In an action for possc38ion:
PETITION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of actionj
Writ issued 1 19
1. The plaintiffs are registered owners of 44-64th shares in the
British ship - Native Pearl ', and such shares are held by them
respectively as follows:-
Morgan Parsall Griffiths is owner of ' 16-64th sharep, Edmund
Nicholls of 8-64th shares, William Aleager of 4-64th shares, Isaac
0
Butler of 8-64th shares, and William Herbert of 8-64th shares.
2. The only owner of the said ship other than the plaintiffs
is John Nicholas Richardson, whoi 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 ee4i~cate 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 managementof her, occasioned great loss ~o the plaintiffs:
and the plaintias in c*onsequenw 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 them without the assistance of
this court.
4. The defendant has neglected and Yefused to render proper
accounts 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 m erchants,
of the earnings of the ship.
3. 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) .]I.P.G., etc., Plaintiffs.
0
(10) In an action for necessaries:
PETITION.
In the Supreme Court of Hong Kong Admiral . ty Jurisdiction.
[Title of action.]
Writ issued
1. The plaintiffs, at the time of the occurrences hereinafter men
tioned, carried on business at the port ofasi bonded
Store and provision merchants and ship chandlers.
2. The ---Efactoria--- 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 Lazzarp, a
foreigner, her master and o~vner, 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
acceptance wad 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
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
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
supplied for the necessary use of the said ship on.the said voyage;
and ~of the sums so advanced and paid there still remains due and
unpaid to the plaintiffs the sum 91
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
5. The plaintiffs, also, at the paid master's request, between .the 1st
September, 1906, and the. commencement of this action, paid various sums
amounting to
6. The said goods were. supplied and the said sums advanced and paid
by the plaintiffs upon the credit of the said ship, and not merely on the
personal credit of the raid master.
The plaintiffs claim
Judgment for the equivalent in Hong Kong currency of the said
sums of
2. That the defendant [and his bail] be condemned therein, and in costs:
or
2. A sale. of the said ship, and paym2nt of the said sums and interest
out ot the proceeds of such We, -together with costs.
3. Such further and other relief as Ghe 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 Courtof Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued 1
State briefly the circumstances of the seizure, or, if an affidavit of
.the circumstances has been filed, refer to the affidavit.
A.B. [state name of person suing in the name of the Crown]
claims-
The condemnation of the said ship land her cargo,
ar 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 . B. or as the case may be].
Dated the day of 19
(Signed) A. B.
(12) In an action for restitution of a ship or cargo:
PETITION.In the Supreme Court of Hong Kong, 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 land 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
(Signed) A.B., Plaintiff.
As amended by Law Rev..Ord., 1937..
(13) In a, piracy case, where the captors intend to apply forJ
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 wer(j]-
land J`
J.
Dated the day of
(Signed) A,B.
(14) In an action for recovery of any pecunia,.y forfeiture or.
penalty:
PETITION.
.In the.Supreme Court of ~long Kong, Admiralty Jurisdictioll.
[Title of a ction.]
Writ issued 19
State briefly the circumstances, 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.]
NoTict OF moTioN.
In the.Supreme Court.of ~long Kong, 4dmiratty. jurisdi ction.
[Title 61 action. 1
Take notice that on [state day of,.week] the -day of.
1 19 , the plaintiff [or defendant] will [by.11
counsel, 'or by his solicitor, if`the motionis to be made by counsel
or. solicitor] move the judge in court [or in chambers, as the case
inay be] to order that [state nature; of~ brder td be inoved for. In a'
notice of motion to vary a report of the Registrar, the items objected
to must be specified].
Dated the day of
(Signed) A.B., Plaintiff [or C.D., Defendant.]
FORm No. 23. [Rule 71.]
NOTICE OF TENDER.In the Supreme-Court of ~long Kong, Admiralty Jurisdiction.
[Title of action.]
Take notice that I have paid into court, and tender in satisfaction
of the plaintifi's claim [or as thexase may be] [if the tender is for -
costs also, add including costs,] the sum of [state sum tendered both
in letterrs and figures, and what terms, if any, the tender
is made].,
Dated this day of' 19
(Signed) C.D., Defendant.
FORM No. 24.. [Rule 71.]
NOTICE ACCEPTING OR REJECTING TENDER.In the Supreme Court of Rong Kong, Admiralty Jurisdiction.
[Title 6f action.]
Take notice that 1 accept [07 reject] the tender made by the
.defendant in this action~
Dated the day of 19
(Signed) A.B., Plaintiff.
FORm No. 25. [Rule 78.]
NOTICE FOR EMARINo.
In the Supreme Court of Hong Kong,. Admiralty Jurisdiction.
[Title of. actionJ
Take notice that I set down this action for.hedring..
Datea thia day of 19
iff [or C.D., Defendant.]
,,..,,(Signed) . A.B., Plainti
Fonm No. 2.6.' [Rule
REMSTRAR'S REPORT.
[.L. s.In the Supreme Court of Hong Kong, 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 [oT defendant], and condemned the defendant [or plaintiff]
and the ship [ar 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 1 do report that 1 have, with the assistance
of [here state names and description of asse3soTs, if any], carefully
examined the accounts and vouchers and the proofs brought in by
the plaintiff [or defendant] in support of his claim for counter-
claim], 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 bi the defendant, [and having hea-rd 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] together with interest thereon as stated
in the Schedule hereto annexed. 1 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) E. F.,. Registrar.
SCREDULi annexed to the foregoing report.
Claimed. Allowed.
NO. 0. 6.
1[Here state as briefly mpossible
2 the 8everat items ofthe
$1,0W
3 claim, with the amount claim-
4 ed and allowed on each item
in the columns for figures
etc. opposite 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.]
C031MISSION OF' APPRAISEMENT.
[j,.s.] In the Supreme Court of Hono, Kon., Admiralty Jurisdiction.
[Title of Action.]
GEORGE by the Grace of God, etc.
To th e bailiff of Our Supreme Court of Hong Kong, greeting.
Whereas Our said court has ordered that [state whether ship or
cargo, and state naine of ship and, if part only of cargo, state what
part] shall be appraised: We, therefore, hereby command you to
reduce into writing an inventory of the said [ship or cargo, etc.,
as the'case may' be], and haviiig chosen one or more experienced
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 th ' e 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., Registrar.
Commission of appraisement.
Taken out by
FOR m No. 28. [Rule 112.1
COMMISSION OF SALE.
[L.s.] In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
GEORGE by the Grace of God, etc.
To ths bailiff of O~r Supreme Court.of Hong Kong, greeting.
whereas Our said court' has -ordered th at .[state whether ship
or cargo, and state name of ship, and, if part only of cargo, what
.part] shall be hold: We, therefore, hereby command you to reduce
into writing an inventory of the said [ship or cargo, ote . as the'
case may b c ], and to. cause: the -said [ship or cargo, etc., as the
case may be,] to be sold,b~y,public auction for the highest price that
can be obtained for the. same.
And We further command you, as goon as.the sale has been
completed, to pay the proceeds arising therelrom into Our said court,'
and to file an account sale signed by you, together with this
commission.
Given at in Our said court, under the seal thereof
this day of*.
(Signed) E.F., Registrar.
Commission of sale.
Taken out by
FoRm No. 29. [Rule 112.1
C631MISSION OF SAIX ANI) APPRAISEMENT.
[.L.,s.] 1n the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
GEORGE by---the Grace of God, etc.
To the baili~ of Our Supreme Court of Hong Kong, greeting.
Whereas Our said court has ordered tha t [state whether ship
Pr cargo, and state name of. ship', and, if part only of cargo, what
part] shall be appraised. and sold: We, therefore, Irereby *coxnmtnd -
you to reduce into writing an inventory of the said fship or, cargo,
etc., as ihe case may be], and having chosen one or more experienced
persons, to swear him or them to appraise the same acce;tding to
the true value thereof, and when a certificate of such value has been
reduced into writing and signed by yourself and by t~o 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 tommand you, as soon as the sale has been
completed, to pay.the proceeds arising therefrom into Our said court.
and to file. the sai& certificate of appraisement and 1 an account sale
signed by you, together with this ~commission.
Given at in Our said, court, under.the seal thereof,
this day of 19
(Signed) B.F., Registrar...,.
Commission of appraisement and.sale.
Taken out by'
FoRm No. 30. [Rule 112.]
COMMISSIOX. OF REM[j,.s..] In the Supreme Court of Hong Kong, Admiralty Jurisdiction.. [Title
of action.]
GEORGE by the Grace of God, etc.
To the bailiff of Our Supreine Court of Hong Kong., greeting.
Whereas Our said court has ordered that the [state naine and
description of ship] sliall 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, therefor4, he'reby 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, si-ned by you, in the said Registry,
together with this commission.
Given at in Our said court, under the seal thereof ,
this day of 19
(si'lled) E.F., Registrar.
Commission of removal.
Taken. out by
FoRm N.M.31. [Bule'112.1
COMMISSION FOR DISCHARGE OF CARGO.
[L.S.1 In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
GEORGE by the Grace of God, etc.
To the bailiff of OUT SUPT0ne Cour . t of Hong Kong, greeting.
Whereas Our said court has ordered that the cargo of the ship
shall be discharered:. We, therefore, hereby command
c
you to discharge the said cargo from on board the said ship, and to
0 0
put the same into some fit'and proper place of deposit.
And We further command you, as~ soon as the discharge of the
C5
said cargo has been completed, to file your certificate thereof in the Registry
of Our said court,.toaether with.this commission.
Given at in Our said court, under the seal thereof,
this* day of
(Signed) E.F., Registrar.
Commission for discharge of cargo.
Taken. out by
FORm No. 32
[Rule 112.1
COMMISSION FOR DEMOLITION' AND SALE
(In a slave trade case.)
[L.s.] In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action,.]
GEORGE by. the Grace of God, etc.
To the bailiff of Our Supreme Court of Hong Kong, gr~etittg.
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 be in force for the admeasurement of 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 signedby
you of the admeasurement and tonnage of the vessel, toaether with
this commission.
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 INSPECTIONIn the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
On the day of 19
Before
The court, on the application of [state whether plaintiff or
defendant] ordered that the shipshould be inspected by
[state whether by the bailiff, or by the assessors of the court, or a78
the ca8e.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. 3.4. [Rule 118.1
NOTICE OF DISCONTINUANIn the Supreme Court of Hong Kong, 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 JUDGMENT FOR COSTSIn the Supreme Court of Hong'Kong, Admiralty'Jurisdiction.
[Title of action.]
Take notice that 1 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 COUNCM.In the Supreme Court of Hong Kong, 4dmiralty Jurisdiction.
[Title of action.]
Take notice that 1, 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
(Signed) A.B., Plaintiff for Defendant.]
FoRM. No. 37. [Rule 135.1
ORDE1t FOR PAYMENT.OUT OF COURT.
[D.s.] In the Supreme Court of Hong Kon&, Admiralty Jurisdiction'.
[Title of action.]
I, .Chief Justice ~ [or jydge] of the* said $upreme
Court, hereby order payment of the sum of [.stale surn in lette78.1
dollars, being the amount, [state whether fb-tii?(1 dac f0T damages ~or
j -
costs, or te idered in the action, or (is the case mai be] to he
y - paid
to [state name and address of party or solici ' tor to whom the money
is to be paid] out of the [proceeds of sale of ship, etc., or as the
ca.-e-.ntay be] now remaining in court.
Dated the day of 19
(Signed) J.K., Chief Justice [or Judge.]
Witness.
(Signed) E.F., Registrar.
42
FORM NO. 38. [Rule. 136.1
NOTICE FOR CAVEIAT WARIn the Supreme Court of )EIong Kong, Admin. lty Jurisdiction.
[Title of action.
Take notice that 1, A.B., of -apply for a caveat
against the issue of any warrant for the arrest of [state name and
natuTr, o property], and I undertake, within three d.,,.ys after being
f cl
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 ~ourt
in a sum 130t exceeding [state 8,tim in letters] dollars, or to pay such
p
sum into court.
Aly address for service is
Dated the day of 19
(Signed) A.B.
Foitif No. 39. [Rule 136.1
CAVEAT WARRANT.
In the Supreme Court of llong Kong, Admiralty Jurisdiction.
[Title of action. I
Caveat entered this day of 1(3 ugainst
the issue of any warrant for the arrest of [state nanic and nature
'Of property], withodt notice being first given to'[state name and
address of person to zvhotit, and address at which, notice is to be
given], who has undertaken to give bail to any 6ction or counter-
claim lliat inay have been or may be brought in the said court
the said [state napkic anti naturc of property].
On ivithdi.atual of caveat, add-'
Caveat withdrawn this day of 19
FORm No. 40. [Rule 137.1
NOTICE' FOR CAVEAT RELEASE.
In the Supreme Court of llong Kong, Admiralty Jurisdiction.
[Title of action.]
Take notice that 1, A.B., plaintiff [or defendant] in the above-
narned action, apply for a caveat against the release of [state name
and.nature of property].
[If the. person applying for t h c ea veat is not a party to the
action, lie must also state -his address and.an address for service
ivithin three miles of the Registry.]
Dated the day 61
(Signed) A.B.
FoRbi No. 41. [Rule 1.37.1
CAVEAT RELEASE.
In the Stipre.me Court of lIong Kon-, Admiralty Jurisdicti6n.
[Title, of action.]
Caveat entered this day of 19 against
tlle,,issue' of any release of [state name and n ature. of.propertly] by
[state name and address of person entering caveat and his address
for service.]
On Withdrawal of cavea't, a',dd-
Caveat withdrawn this day of
FORM No. 42. [Rule 138.
NOTICE FOR CAVEAT PAYMENT.
In the. Supreme Court of llong'Konc,, Admiralty Jurisdiction.*
[Title of action.]
Take notice that 1, A.B,., plaintiff [or def .. endantl in the above-
named action, apply for a caveat against the payment of any money
[if for costs, add for costs, or as. the case i~ay be]' out of the
proceeds 6f the sale of' [state whether ship or cargo, and name of
ship, etc.] now . 'remaining. in court, without notice being first given,
to me.
[II the person applying for the caveat is not a party to the action,
lie must also state his address ahd an address for' service within
three miles of the Registry.]
Dated the day of 19
(Signed) A.B.
FORM No. 43. [Rule 138j,
CAVEAT PAYNiENT.
In the Supreme Court of Kong Kong, Admiralty Jurisdiction.
[Title of action,]
Caveat entered this day of 19 against
the payment of any money [if for costs, add forcosts, or as the
case 1 may be] out of the.proceeds of the sale of [state whether ship
or cargo, and, if ship, state name of ship, etc.] now remaining in,
court, without notice being* first given to [state name and address
of person to.w'hom, and addressat-which, notice is to be given].
On withdrawal of caveat, add-
Caveat. withdrawn this day of 19
FORM No. 44. [Rule 143.1
NOTICE FOR WITHDRAWAL CP CAVEAT.
In the, Supreme Court.of Rong 11Cong, Admiralty Jurisdiction.
[Title of action.]
Take notice that 1 withdraw the caveat [state whether caveat
warrant, release, or payment] entered by me in this action [or.as
,the case may be].
Dated the day of 19
(Signed) A.B.
FoRm No. 45. [Rule 144.]
ORDER FOR PAYMENT.
[j,.s.] Inthe Supreme Court of Hong. Kong, Aamiralty Jurisdiction.
[Title of action.]
Dated the day of 19
Before
It is ordered.that A.B., plaintiff [or defendant, etc.] do pay to
C.D., defendant [or plaintiff, etc.], within days, from the date
hereof, the sum of [state sum in letters] dollars, being the amount
[or balance of the amount] found due from the said A.B. to the
said C.D. for [state 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.]
IL.S.] In the.Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of a~tion.3
GEORGE by the Grace of God, etc.
To the bailiff-of Our Supreme Court of Hong Kong, 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., Registrar.
Attachment.
Taken out by
FoRm No. '47. [Rule 146.1
ORDER FOR COMMITTAL.
[L.S.] In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
. [Title of action.]
On the day of ' 19
Before
Whereas A.B. [state name and description of person to be com-
mitted] has committed a contempt of court in that {state in what
the contempt consists], and, having been this day brought before
.the court on attachment, persists in his said contempt, it is now
ordered that he be committed 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.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
To
Receive into your custody the body [or bodies] of
herewith sent to you, for the cause bereinunder written; that is to
say, for [state briefly the ground of attachment].
bated the day of 19.
(Signed) J.K., Chief Justice [or Judge.]
Witness, (Signed)E.F., Registrar.
FORM No. 49. [Rule 153.1
MINUTE.ON FILING ANY DOin the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1, A.B. [state whether plaintiff or defendantly file the following
documents, viz:-
[Here describe the documents. filed.]
Dated the day of 19
(Signed) A.B.
FoRm 1%. 50. [Rule 156.]
M~ OF ORDER OFIn the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[TitU of action.]
On the day of 9 19
Before
The court on the application of [state whether pWntiff of d6-
fendantl ordered [state purport of order]. . a
FoRm No. 51. [Rule 156.]
MINUTE ON EXAMINATION OF WITNESSES.In the Supreme Court of Hong Kong, 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 may be], were examined
orally [if by interpretation add by interpretation of
FoRm 'No. 52. [Rule 156.]
MINUTE OF DECREE.In the Supreme Courtof llong Kong, Admiralty Jurisdiction.
[Title of action.]
On.the day of 19
Before,
(1) Decree, for an ascertained sum:
The court having heard [state whether plaintiff and defendant
or their counsel or solicitors, or as the case may be], and having
been assisted by [state names and descriptions of assessors, if any],
pronounced the sum of [state sum in letters and figures] dollars to
be due to the 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 been given;
the ship [or cargo ex the Ship or proceeds of
the ship , or of the cargo c= the shipor as
the case may be] in the said sum [and in costs].
(b) in an' action in personam, or in rem where bail has boen
given; the defendant [or plaintiff] and his bail [if bail hac been
given] in the said sum [and in costs].
(2) Decree for a sum not ascertained:
The court having heard, etc. [as abovel, pronounced in favour of
the plaintiff's claim [ar defendant's counterclaim] and condemned
the ship [or cargo, etc., or the defendant or plaintiff]
and his bail [if bail has been given] in the arnount to be found due
to the plaintiff [or defendant] [and in costs]. And ordered that an
account should be taken, and
(a) if the amount is to be assessed by the court,
that all accounts and vouchers, with the proofs in support thereof,
should be filed within days [or as the case may be],;
(b) if the court r * efers 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 action [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] pronounced the sum of
[state sum in letters] dollars to be due to A.B., etc . , for salvage,
together with costs, and subject thereto, condemned the said ship
[or cargo or proceeds of ship or of cargo, etc., as
the case -may be] as a droit a-ad perquisite of His Majesty in his
Office of Admiralty.
(5) Decree in action for possession:
The court having heard, etc. [as abov~l, decreed that possession
of the shipshould be given to the plaintik, and
condemned the defendant [and his bail] in costs.
(6) Decree of cortdemnation in a slave trade action:
The court having heard, etc. [as above] pronounced that the vessel, p
name unknown [or as the case may 'be], seized by H.M.S. ' Torch
on the day of Y 19 ' had been, at the time of her
seizure, engaged in or fitted out for the slave trade in contravention Of'..~'
the treaties existing - between Great Britain ana 1 . [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 goods and effects on board thereof] as forfeited to His Majesty [of
condemned the said vessel as forfeited, etc., but ordered that the
car,,o should be restored to the claimant, or as the caso may be].
As amended by Law Rev. Ord., 1937.
The court further ordered that the 'slaves [or the slaves then
surviving consisting of men, women, boys,
andgirls should be delivered over to [state to whom or how
the slaves are to be disposed of]..
II 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,with her cargo [if any];
or
II 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 luU consideration by the
coukt of the circumstances of the case, the seizors had satisfied the
court that the abandonment [or destruction] of the vessel was inevit-
able or. otherwise 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
he restored to the claimant, together with the goods and effects on
board thereof;
add, as the case may be,
but without costs or damages,
or
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, andl directed
that all accounts and vouchers, with-the proofs in support thereof, if
any, should be filed within days.
(8) Decree in case of capture from pirates:
The court having heard, etc. [as above] pronounced that the said
junk ' Tecumseb.--- [and her cargo] had. been, gt the time of the
capture thereof by H.M.S. ---Torch '~i the'property of pirates, and
condemned the same as a droit and perquisite of ILs Majesty in his
Office of Admiralty:
or
pronounced th4t the said. junk ---Tecumseh fand 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
ow~er], 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 bey cargo] should be
appraised;
II the junk, etc'., has been captured after an engagement with
the pirates, and 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 , thatof that number were
captured, and that the- only vessel engaged was H.M.S. Torch
[or 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 [oT during the voyage
on which she was met], employed [or fitted out for employment]. in
violation 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'a8 the case may_~e], as. forfeited to
His Majesty.
The court further ordered that the said ship [and her
cargo, and the said goods and . effects] should. be sold by public
auction, and that the proceeds should be paid into dourt.
(10) Decree of condemnation under Foreign Enlistment Act:
The couxt having beard, etc. [as a ' bove ]. pronounced that the. ship
had been built [or'equipped, commissioned, despatched,
or used~ 0 the case may be] in violation of the Foreign Enlistment
Act, 1870, and condemned the said shipand her equipment
land 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 Customs or Revenue Acts:..
The- court having heard, etc. [as above] condemned the shiP
[or cargo or proceeds, etc., as the ~dso may bet~ as
forfeited to His Majesty for violation of the Act [state what A
(12) Decree for pecuniary forfeiture ar 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 Act [state what 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 iwcosts].
FoRm No. 53.[Rule 156.1
MINUTES IN AN ACTIO14 F.OR DAMA(IB BY COLLISION,
A. B. etc.,
No. against
The ship Mary
19
Jan. 3 A writ of summons [and- a warrant] was [or werefissued
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.
5G.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.
7G.H. filed bail bond to answer judgment 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.
8E.F. filed preliminary act [and notice of motion for
pleadings].
G.H. filed preliminary act.
10The court having heard solicitors on both sides [or as'tho
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.
19
Jan. 16The court having heard solicitors on both sides [or as the,
case may be] ordered both plaintiffs and defendants to file
affidavits of disco-very, and to . pToduce, if required, for
mutual inspection. the documents therein set forth, within
three days.
18 E.F. filed affidavit of discovery.
19 G.H. filed affidalvit of discovery.
22 E.F. filed notice of trial.
26 E.F. produced as witnesses [state names of witnesses], who
having been sworn, were examined orally in court, the said
[state names] having been sworn and examined by inter-
pretation of [state name of interpreter] interpreter ol the
language. Present [state names of assessors
present, if any] assessors.
26 G.H. produced as witnesses, etc., [as above].
The court having heard [state. whether plaintiffs and de-
lendants, or their counsel or solicitors, as the case may be],
and having been assisted by [state name8 and -desr,7iptions
0
of assessors, if any], pronounced in favour of the plaintiffs
[or defendants] and condemned the defendants [or plain-
tiffs]. and their bail [if bail has been given] in the amount
to be found due to the plaintiffs for defendants] [and in
costs]. And the court ordered that an account should bp
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,
should 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 toand affidavits
of [state names of deponents, if any].
8 G.H.filed accounts and vouchers [numbered 1 to
in answer to claim.
9 E.F. filed notice for hearing of reference.
.15 E.F. [or G.H.] filed Registrar's report, etc.
Here insert address for serviceHere insert address for service
of documents required to be of document required to bp-
's
served on the plaintiffs. served on the defendants.
Norz.-The above minutes are given as such as might ordinarily be required in an
action in rem for damage by collision, where pleadings have been ordered.
In some actions many of these minutes would be superfluous. . In others
additional minutes would be required.
Il. FEES OF COURT AND ASSESSORS' FEES.
COURT FEES. [Rules 164 and 165.]
$ c.
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-borid .................. 5.00
3. Order for reference ........ .... 10.00
4. Filing preliminary act ...........5.00
5. Notice issued by Registrar .......1.00
6. Bailiff attending . unlivery of cargo (to be paid in cash)
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 appraiser and auctioneer .. 5.00
8. Bailiff executing any other commission or instrument or.
any warrant 'or attachment ..........2.50
Onthe- gross proceeds of any ship or goods, etc., sold
by order of the court (to be deducted from the pro-
ceeds 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 specified the same
fee as is taken in the original jurisdiction in respect of a similar matter
or proceeding.
ASSESSORS' FEES. [Rule 166.]
For each nautical or, other assessor, whether' at theFrom
examination of witnesses; or at the trial of an action, or at $10.00
the hearing of an appeal, or upon any assessment of damages to
or 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 appdal, by the appellant.
. No. 7 of 1896, repealed by No. 21 Of 1934.
No. 8 of 1896, repealed by No. 8 of 1935.
[Originally No. 13 of 1896. No. 33 of 1932. Law Rev. Ord., 1937.] 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 some 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 bottomry. Issue of warrant notwithstanding certain defects. Preparation, etc., of warrant. Appendix. Form No. 12. Mode of service of warrant. Service on holidays. Filing of warrant. Certificate of service. Appendix. Form No. 13. Mode of giving bail. Preparation, etc., of bailbond. Appendix. Form 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 unless applied for and ordered. 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, etc. Form of special case. Signing and filing and special case. Filing of notice of motion and affidavits. Form 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 & 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. Judgment 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 of 'sum in dispute'. Lump sum in lieu of costs. Order of 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 forthwith. 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. Notices 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 of decisions. Time for appeal. Effect of appeal on proceedings. Filing of appeal on proceedings. Filing of notice of appeal and giving of bail for costs. Appendix. Form No. 36. Carrying decree into effect notwithstanding 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. Current to prevent arrest of property. Appendix. Forms Nos. 38, 39. Caveat to prevent release 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. Duration of caveat. Withdrawal and over-ruling of caveat. Appendix. Form No. 44. Order for payment to party entitled. Appendix. Form No. 45. Attachment for disobedience of order or 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. [cf. Rule. 6.] [Form No. 7-Contd.] [cf. Rule 6.] [cf. Rule 6.] [Form No. 7-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 52 - Contd.] [Form No. 52 - Contd.] [Form No. 52 - Contd.] [Form No. 52 - Contd.] [Form No. 53 - Contd.] [10.8.34.] [1.1.36.]
Abstract
[Originally No. 13 of 1896. No. 33 of 1932. Law Rev. Ord., 1937.] 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 some 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 bottomry. Issue of warrant notwithstanding certain defects. Preparation, etc., of warrant. Appendix. Form No. 12. Mode of service of warrant. Service on holidays. Filing of warrant. Certificate of service. Appendix. Form No. 13. Mode of giving bail. Preparation, etc., of bailbond. Appendix. Form 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 unless applied for and ordered. 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, etc. Form of special case. Signing and filing and special case. Filing of notice of motion and affidavits. Form 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 & 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. Judgment 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 of 'sum in dispute'. Lump sum in lieu of costs. Order of 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 forthwith. 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. Notices 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 of decisions. Time for appeal. Effect of appeal on proceedings. Filing of appeal on proceedings. Filing of notice of appeal and giving of bail for costs. Appendix. Form No. 36. Carrying decree into effect notwithstanding 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. Current to prevent arrest of property. Appendix. Forms Nos. 38, 39. Caveat to prevent release 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. Duration of caveat. Withdrawal and over-ruling of caveat. Appendix. Form No. 44. Order for payment to party entitled. Appendix. Form No. 45. Attachment for disobedience of order or 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. [cf. Rule. 6.] [Form No. 7-Contd.] [cf. Rule 6.] [cf. Rule 6.] [Form No. 7-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 52 - Contd.] [Form No. 52 - Contd.] [Form No. 52 - Contd.] [Form No. 52 - Contd.] [Form No. 53 - Contd.] [10.8.34.] [1.1.36.]
Identifier
https://oelawhk.lib.hku.hk/items/show/1456
Edition
1937
Volume
v1
Subsequent Cap No.
4
Cap / Ordinance No.
No. 6 of 1896
Number of Pages
79
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SUPREME COURT (ADMIRALTY PROCEDURE) ORDINANCE, 1896,” Historical Laws of Hong Kong Online, accessed April 28, 2025, https://oelawhk.lib.hku.hk/items/show/1456.
