SUPREME COURT (ADMIRALTY PROCEDURE) RULES
Title
SUPREME COURT (ADMIRALTY PROCEDURE) RULES
Description
FORM 59. [O. XIV, r. 10.]
Certificate of Registrar forwarding depositions.
Registrar of the Supreme Court of Hong Kong,
I, hereby certify that the documents annexed hereto are (1) the original
order of the Supreme Court of Hong Kong dated the day of
19 made in the matter of pending
in the at in the of
directing the examination of certain witnesses to be taken before
, and (2) the examination and depositions
taken by the saidpursuant to the said order, and
duly signed and completed by him on the day of
19
Dated the day of 19
SUPREME COURT (ADMIRALTY PROCEDURE)
RULES.
(CaP. 4, section 37).
(Ordinance.No. 3 Of 1873).
[1st September, 1896.]
General.
1 . In these rules-
'action' means any action, cause suit, or other proceed-
ing instituted in the court;
'cotirt' means the Supreme Court of Hong Kong and in-
cludes any judge thereof, whether sitting in court or in
chambers; ,
'defendant' includes the defendant's solicitor, if lie
appears by a solicitor;
'party' includes the party's solicitor, if he sues or appears
by a solicitor;
'Plaintiff' includes the plaintiff's solicitor if he sues by a
solicitor;
'Registrar' means the Registrar of the court;
'Registry' means the Registry of the court;
'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 rem and.
actions in Personam.
3. Actions for condemnation of any ship, boat, cargo,
proceeds, or effects, or for recovery of any pecuniary forfei-
ture or penalty, shall be instituted in the narne of the Crown.
4. All actions shall be numbered in the order in which
they are instituted, and the number given to any action
shall be the distinguishing number of the action, and shall
be written or printed on all documents in the action as
part of the title thereof.
Writ of summons.
5. Every action shall be cornmenced by a writ of sum-
mons, 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 clairned, if any. Such
writ shall be tested in the name of the Chief justice and
shall bear date. the day whereon the same is issued.
6. In an action for seaman's or master's wages, or for
master's wages and disburisements, or for necessaries, or
for bottomry, or in any action in which the plantiff desires
an account, the indorsement on the writ Of SUmmons, may
include a claim to have an account taken.
7. The writ of summons shall be indorsed with the
name and address of the.plaintiff, and with an address with-
in the Colony, to be called an -address for service, not more
than three miles from the Registry, at which it shall be stif-
ficient to leave all documents required to be served upon
him.
8. The writ of summons shall be prepared and in-
dorsed by the plaintiff, and shall be issued under the seal
of the court, -and a copy of the writ and of all the indorse-
inents thereon, signed by the plaintiff, shall be left in the
Registry at the time of sealing the writ.
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 Summons.
10. In an action in rem the writ of summons shall be
served-
(a)upon ship, or upon cargo, freight, or other pro-
perty, if the cargo or other property is on board a
ship, by attaching the writ for a short time to the
mainmast or the single mast, or to some other
conspicuous part of the ship, and by leaving a copy
of the writ attached thereto;
(b)upon cargo, freight, or other property, if the cargo
or other property is not on board a ship, by attach-
ing the writ for a short time to such cargo or pro-
perty, and by leaving a copy of the writ attached
thereto ;
(c)upon freight in the hands of any person, by show-
ing the writ to him and by leaving with him a copy
of the writ ; and
(d)upon proceeds in court, by showing the writ to the
Relgistrar 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.
12. In an action in personaPn, the writ of summons shall
be served by showing it to the defendant, and by leaving
with flim a copy of the writ.
13. A writ of summons against a firm may be served
upon any membe of the firm or upon any person appearing
at the time of service to have the management of the busi-
ness of the firm.
14. A writ of summons against a corporation or a public
company may be served in the mode provided by law for
service of any other writ or legal process upon such corpora-
tion or company.
15. If the person to be served is under disability, or if
for any cause personal service cannot, or cannot promptly,
be effected, or if in any action, whether in rent 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 or der notice to be given in lieu of service.
16. The writ of summons, whether in rem or in personam,
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 appearance 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 per-
mission 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 aniotint, if any, of the set-off or counter-
Claim. But if, in the opinion of the court, such set-off or
counterclaim cannot bc conveniently 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 in address for service,
not more than three miles from the Registry, at wbich it shall
be sufficient to leave all documents required to be served
upon him.
Parties.
22. Any number of persons having interests of the
same nature arising out of the same matter may be joined
in the same action, whether as plaintiffs or as defendants.
23. The court may order any person who is interested
in the action, though not named in the writ of summons,
to come in either is 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 corne in, and what notices and documents, if any,
shall be given to and served upon him, and may give such
further directions in the matter as to the court may seem
fit.
Consolidation of actions.
26. Two or more actions in which the questions at
issue are substantially the same, or for matters which might
properly be combined in one action, may be consolidated
by order of the court, on such terms as may seem fit.
27. The court may, in its discretion, order several
actions to be tried at the same time and on the same
evidence, or tile evidence in one action to be used as
evidence in another, or may order one of several actions
to be tried as a test action, and the other actions to 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 the aid of
the court is required.
30. (1) In an action for wages the affidavit shall also
state the national character of the ship, and, if the ship
is foreign, that notice of the action has been served upon
a consular officer of the state to which the ship belongs,
if there is one resident in the Colony.
(2) In an action for necessaries, or an action by the
owner, or consignee, or assignee of any bill of lading of
any goods imported into the Colony in any ship, for
damage done to the goods or any part thereof by the negli-
gence 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 charac-
ter 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, possession, employment, or earnings of any
ship registered in the Colony, the affidavit shall also state
the number of shares in the ship owned by the party pro-
ceeding.
31. In an action for bottomry the bottomry, bond in
original, and, if it is in a foreign language, a translation
thereof ' shall be produced.for the inspection and perusal
of the Registrar, and a copy of the bond, or of the transla-
tion thereof, certified to be correct, shall be annexed to Ille
affidavit.
32. The Registrar may, if he thinks fit, issue a war-
rant although the affidavit does not contain all the pres-
cribed particulars, and, in an action for bottomry, although
the bond 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 Registrar, and issued under
the seal of the court.
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 ht rem, and
thereupon the property shall be deemed to be arrested.
35. The warrant may be served on a 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 certi-
ficate of service indorsed thereon.
37. The cerlinicate shall state by whom the warrant has
been servei, and the date and mode of service, and shall
be signed by the bailiff.
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 be signed before the Registrar, or by his direc-
tion before a clerk in the Registry, or. before a commis-
sioner 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 affidavit of
justification 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 upon 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 suffi-
ciency of any surety, he may file a notice objecting to such
surety or requiring him to justify, if he has not already
done so.
Releases.
46. A release for Droperty arrested by warrant 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-
(a)on payment into court of the amount claimed, or
of the appraised value of the property arrested, or,
where cargo is arrested for freight only, of the
amount of the freight verified by affidavit;
(b)on one 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;
(c)on the application of the party at whose instance
the property has been arrested;
(d)on a consent in writing being filed, signed by, the
party at whose instance the property has been
arrested ;
(e)on discontinuance or dismissal of the action in
which the property lias been arrested.
48. Where property has been arrested for salvage, the
release shall not be issued under rule 47, except on dis-
continuance or dismissal of the action, until the value of
the property arrested has been agreed upon between the
parties or determined by the court.
49. The Registrar may refuse to issue a release
without the order of the court.
50. The release shall be prepared in the Registry,, and
shall be signed by the Registrar, and issued under the, seal
of the court.
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.
52. On servicc of the release and on payment to the
bailiff of all fees clue to and charges incurred by him in
respect of the arrest and custody of the property, the pro-
perty shall be at once released from arrest.
Preliminary acts.
53. In an'action for damage by collision, each party
shall, within one week from an appearance being entered,
file a preliminary act, sealed tip, signed by the party, and
containing a statement of the following particulars-
(a)the names of the ships which came into collision,
and the names of their masters;
(b) the time of the collision
(c) the place of the collision
(d) the direction and force of the wind;
(e) the state of the weather;
(f) the state and force of the tide;
(g)the course and speed of the ship when the other
was first seen;
(h) the lights, if any, carried by her;
(i)the distance and bearing of the other ship when
first seen;
(j) the light,-,, if any, of the other ship which were
first seen;
(k) the lights, if any, of the other ship, other than
those first seen, which came into view before the
collision ;
(1)the measures which were taken, and when, to
avoid the collision;
(m) the parts of each ship which first came into
collision ;
(n)the sound signals, if any, which were given, and
when; and
(o)the sound signals, if any, which were heard from
the other ship, and when.
Pleadinas.
54. After appearance any party to an action may apply
to the court for an order for pleadings. If no such applica-
tion is made, or if on such application pleadings are not
ordered, the action shall be heard without pleadings.
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 frorn 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.
56. The defendant may, in his answer, plead any set-
off or counterclaim. But if, in the opinion of the courl,
such set-off or counterclaim cannot be conveniently disposed
of in the action, the court may order it to be struck out.
57. Every pleading shall be divided into short para-
graphs, numbered consecutively, which shall state concisely
the facts on which the party relies, and shall be signed
by the party filing it.
58. It shall not be necessary to set out in any pleading
the words of any document referred to therein, except so
far as the precise words of the document are material.
59. Either party may apply to the court to decide
forthwith any question of fact or of law raised by any
pleading, and the court shall thereupon make such order
as may seem fit.
60. An pleading may at any time be amended, either
by consent of the parties or by order of the court.
Special case.
61. Parties may agree to state the questions at issue
for the opinion of the court in the form of a special case..
62. If it appears to the court tht 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 para-
graphs, numbered 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 may be filed by any party.
Motions.
65. A party desiring to obtain an order from the court
shall file a notice of motion, with the. affidavits, if any,
on which lie intends to rely.
66. The notice of motion'shall state the nature of the
order desired, the day on which the motion is to be made,
and whether in court or in chambers.
67. Except by consent of the adverse party or by order
of the court, the notice of motion shall be filed twenty-,
four hours at least before the time at which the motion is
made.
68. When the motion comes on for hearing, the court,
after hearing the parties or, in the absence of any of them,
on proof that 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.
Tender.
70. A party desiring to make a tender in satisfaction
of the whole or any part of the adverse party's claim shall
pay into court the amount tendered by him, and shall file
a notice of the terms on which the tender is made.
71. Within a week from the filing of the notice, the
adverse party shall file a notice, stating whether he accepts
or rejects the tender, and, if he does not do.so, he shall
be held to have rejected it.
72. Pending the acceptance or rejection of a tender,
the proceedings shall be suspended.
Shorthand writer.
73. 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
who shall have been previously sworn faithfully to report
the evidence; and a transcript of the shorthand writer's
notes, certified by him to be correct and approved by the
judge, Registrar or commissioner, as the case may be, shall
be lodged in or transmitted to the Registry as the certifed
evidence of such witnesses.
74. The court 'may order that the whole of the plead--
ings and written proofs, or any part thereof, shall be.
printed before the trial ; and the printing shall be in such
manner and form as the court may order.
75. Preliminary acts, if printed, shall be printed in
parallel columns.
Assessors.
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 by the plaintiff, unless the court otherwise orders.
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 Parte-
(a)in an action in personam or an action against pro-
ceeds in court, after the expiration of two weeks
frorn the service of the writ of summons; and
(b)in an action in rem (not being 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 appearance, unless an order bas been made for
pleadings or an application for such in order is
pending; and
(b)if pleadings have been ordered, when the last
pleading has been filed, or when the time allowed
to the adverse party for filing any pleading has
expired without such pleading having been filed.
(2) In a collision case the preliminary acts may be
opened as soon as the action has been set down for trial.
81. Where the writ of summons has been indorsed
with a claim to have an account jaken, or the liability
has been admitted or determined, and the question -is
simply as to the amount due, the court may, on the applica-
tion of either party, fix a time within which the accounts
and vouchers, and the proofs in support thereof, shall be
filed, and at tile expiration of that time, either party may
have the matter 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 or which defendant.
shall begin.
85. The party beginning shall first address the court,
and then produce his witnesses, if any. The other party
or parties shall then address the court and produce his or
their witnesses, if any, in such order as the court may direct,
and shall have a right to sum up their evidence. In every
case the party beginning shall have the right to reply, hilt
shall riot produce further evidence, except by permission of'
tile court.
86. Only one counsel shall in general be heard on each
side; but the court, if it considers that the nature of the
case requires it, may allow two counsel to be heard on each
side.
87. If the action is uncontested, the court may .
. give
judgment on the evidence adduced by the plainliff.
References.
88. The court may, in its discretion, refer the assess-
ment of damages and the taking of any account to the
Registrar, either alone or assisted by one or more merchants
as assessors.
89. The rules as to the trial shall apply mutatis mutandis
to a reference to the Registrar, and the Registrar may
adjourn the proceedings from time to time and from place
to place, if he thinks necessary.
90. Counsel may attend the hearing of any reference,
but the costs so incurred shall not be allowed on taxation
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, found due, and to whom, together with any
further particulars that may be necessary.
92. When the report is ready, notice shall be sent to the
parties, and either parly 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 thercon as may seem fit, or may remit the matter
to the Registrar for further inquiry or report.
95. if no notice of motion to vary the report is filed
two weeks from tile filling of the report, the report
shall stand confirmed.
Costs.
96. Subject to the provisions of these 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 of the court; and the court shall have full power
to award and apportion costs in any, manner it may deem
proper.
97. Subject to the 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 juris-
diction 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, 'sum in
dispute' shall mean the sum recovered by him in addition
to the sum, if any-, counterclaimed from him by the defend-
ant; 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 partv rejecting
the tender shall, unless the court otherwise orders, be con-
demned in the costs incurred after tender made.
Taxation of costs.
103. A part, 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 a( which
the taxation will take place.
104. At the time appointed, if either party is present, the
taxation shall be proceeded with.
105. Within one week from the completion of the taxa-
tion, application may be made to the court to review the
taxation.
106. Costs may be taxed either by the cotirt 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 shall pay all the
costs attending the taxation.
Appraisement aitd sale, etc.
108. The court may, either before or after final judg-
ment, 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 being issued.
111. The court may, either before or after final judgment,
order any propert under arrest of the court to be removed
or any cargo under arrest on board ship to be discharged.
112. The appraisement, sale, and removal of property,
the discharge of cargo, and the demolition and sale of a
vessel condemned under any Slave Trade Act shall be
effected under the authority of a commission addressed to
the bailiff.
113. The commission shall, as soon as possible after its
execution, be filed by the bailiff, with a return setting forth
the, manner in which it has been executed.
114. As soon as possible after the execution of a com-
mission of sale, the bailiff shall pay into court the gross
proceeds of the sale, and shall, with the commission, file his
accounts and vouchers in support thereof.
115. The Registrar shall tax the bailiff's account, and
sli,ill 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 tnxation.
116. Application may be made to the court on motion to
the Registrar's taxation.
117. The court may, in its discretion, order any property
under the arrest of the court to be inspected.
Discontinuance.
118. The paintiff may at any time discontinue his action,
by filing a notice to that effect, and the defendant shall
thereupon be entitled to have judgment entered for his costs
of action, on filing a notice to enter the same. The discon-
tinuarice of an action by the plaintiff shall not prejudice any
action consolidated therewith or any counterclaim previously
set up by the defendant.
Consents.
119. Any consent in writing signed by the parties may,
by permission of the Registrar, be filed, and sliall thereupon
become an order of court.
Appeals to the Full Court.
120. All appeals to the Full Court shall be brought by
notice of motion in a summary way. The notice Of motion
shall state whether the whole or part only of the judgment
or order appealed from is complained of, and in the latter
case shall specify such part.
121. The notice of appeal shall be served upon aH parties
directly afrected 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 post-
pone the hearing of the appeal oil 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 discretion, call in the
aid of one or more assessors, whose fees shall be paid in the
first instance by the appellant, unless the Full Court other-
wise orders.
23. The Full Court shall have all powers and duties of
the court as to aniendillent and otherwise and full dis-
cretionary power to receive further evidence upon questions
of fact.
124. The Full Court shall have power to give any judg-
ment and make any order which ought to have been given
or made and to make such further or other order as the case
may require, or to order a new trial, or to make such order
as to the whole or any part of the costs of the proceedings,
including the appeal, as may seem just.
125. It shall not be necessary for a respondent to give
notice of motion by way of cross appeal, but if he intends,
on the hearing of the appeal, to apply for any variation of
the decision of,the court below, he shall give notice of such
intention to any parties who may be affected by such
application. The omission to give such notice may be
ground for an adjourninent 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,
of 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.'+
123. 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
300, as the Full Court may order, to answer the costs of
the appeal.
129. Subject to any order of His Majesty in Council or
of tile 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. All appellant desiring to prosecute his appeal is to
take such steps as may ho. required by. the practice of the
judicial Committee of the Privy Council.
131. On service of the monition for process, the Registrar
shall forthwith prepare the process at the expense.of the party
ordering the same.
Rules 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 Hong Kong. See s. 6 of the Colonial Courts of
Admiralty Act, 1890, 53 & 54 Vict. c. 27. The right of appeal has been
defitird 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. 1904 VI Judicial Committee,
p. 98) and the Judicial Committee Rules, 1925, (H.M. Order in Council of
2nd May, 1925--G.N. 207 of 1927).
132. The process, which shall consist of a copy of all the
proceedings in the. action, shall be signed by the Registrar
and scaled with the seal of the court, and shall be trans-
mitted by the Registrar to the Registrar of the Appellate
Court.
Payments into court.
133. All payments into court shall be made in accord-
ance with and subject to the provisions of any Ordinance or
rule of court with respect to payments into the Supreme
Court.
134. A receipt for the amount shall be filed, and there-
upon the Payment into court shall be deemed to bc com plete.
Paynients out of court.
135. 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 counter-
claim that may have been or may be brougt against the
property, and thereupon the Registrar shall enter a caveat
in the caveat warrant book mentioned in rule 157.
137. Any person desiring to prevent tile release of any
property under arrest shall file a notice, and thereupon the
Registrar shall enter a caveal in the caveal release book
mentioned in rule 157.
138. Any person desiring to prevent the paynlent of
money out of court shall file a notice, and thereupon the
Registrar shall enter a caveat in the caveat payment book
nientioned in rule 157.
139. If tile 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 sufficient to leave all documents required to be served upon
him.
140. The entry of a caveat warrant shall not prevent the
issue of a warrant, but a party at whose instance a warrant
is issued for the arrest of any property in respect of which
there is a 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 tinie be withdrawn by the
person at whose instance it has been entered, on his filing
a notice withdrawing 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 court applicable for the purpose.
(2) lf 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 bc, 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 pay-
ment under the seal of the court.
Attachments.
145. If any person. disobeys an order of the court or
commits a contempt of court, the judge may order him to be
attached.
146. (1) The person attached shall, without delay ' be*
brought before the court, and if he. persists in his dis-
obedience or contempt, the court may 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
instruments 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 bv any officer of or commis-
sioner acting under the authority of the court shall be
prepared in the Registry and signed by the Registrar, and
shall be issued under the seal of the court.
149. Every document issued under the seal of the court
shall bear date on the day of scaling, and shall be deemed
to be issued at the tirne of the scaling thereof.
150. Every document requiring to be served shall be
served within six months from the date thereof, otherwise the
service shall not be 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 front the Registry.
152. Any notice from the Registry may be either left at,
or sent by post to, the address for service of the party to
whom notice is to be given.
Filing of Documents.
153. A document shall be filed by leaving the same in the
Registry, with a minute stating the nature of the document
and the date of filing it.
154. Any number of documents in the same action may
be filed with one. and the same minute.
155. No document, except preliminary acts, bail-bonds,
documents issued from the Registry, and minutes, shall be
filed without a certificate indorsed thereon, signed by the
party filing the same, that a copy thereof has been served
upon the adverse party, if any.
Records of the court.
156. There shall be kept in the Registry a book, to be
called the 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
commencernent of the action, of all appearances entered, all
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, a caveat release book, and a caveat payment book, in
which all such caveats respectively and the withdrawal 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 entiOed to inspect the records in a pending action
without the permission of the Registrar.
161. In an action which is terminated, any person may,
on payment of a search fee, inspect the records in the action.
Copies.
162. Any person entitled to inspect any 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.
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 shall be liable for any costs
occasioned thereby.
Court and assessors' fees.
164. Subject to the following rules, the court fees set
forth in the Table of Fees in the Appendix shall be taken in
respect of the matters or proceedings therein specified, and
in respect of all other matters or proceedings the court fees
taken for similar matters or proceedings in the original juris-
diction 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.
166. Assessors shall, subject to the provisions of these
rules, be paid. thi, 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 Tes
does not exceed one thousand dollars, half fees only shall be
charged and allowed.
Cases not Provided for.
169. All Ordinances having reference to the practice and
procedure of the Supreme Court as to discovery and the form
and admission of evidence, and as to the form and adminis-
tration of oaths and declarations, and as to subpoenas, and
as to the form of affidavits and declarations, and as to the
examination of witnesses before trial, and as to the time for
doing any act or taking any proceeding in an action, and
as to 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 Admirahy Division of tile High Court of justice of
England shall be followed.
Citation.
170. These rules may be cited as the Supreme Court
(Admiralty Procedure) Rules.
APPENDIX.
FORMS.
FORm 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 ship [state name of ship on board
of which the cargo now is or lately was laden].
or (if the action is against the proceeds realized by the sale of
the ship or cargo)
(e) The proceeds of the ship
or (f) The proceeds of the cargo ex the ship
or as the case may be.
Action for [state nature of action, whether for damage by col-
lision, wages, bottomry, etc., as the case may be].
FORm 2. [rule 4.]
TITLE OF ACTION 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 11.
FORm 3. [rule 4.]
TITLE 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 as the case may be],
or,
(b) A.B., etc., [the person or persons proceeded against].
Action for [state nature of action].
FORm 4. [rule 5.]
WRIT OF SUMMONS in rem.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[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.
To the owners and all others 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 appear-
ance 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 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 5. [rule 5.]
WRIT OF SUMMONS in personam.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[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 appear-
ance 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 subscribed on the writ.
This writ may be served within six months from the dfite 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 6. [rule 5.]
INDORSEMENTS TO BE MADE ON THE WRIT BEFORE ISSUE THEREOF.
(1) The plaintiff claims [insert description of claim as given in
Form 7].
(2) This writ was issued by the plaintiff in person, who resides
at [state plaintiff's place of residence, with name of street and
number of house, if any].
or,
This writ was issued by C.D. 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 iniles of the Registry].
or,
Where the. action is in the name of the Crown.
(1) A.B., etc., claims [insert description of claim as given in
Form 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 Crown in this
action may be left at [insert address for service within three miles
of the Registry].
FORm 7. [rule 5.]
INDORSEMENTS OF CLAIM.
(1) Damage by collision:
The plaintiffs, as owners of the ship 'Mary' [her cargo and
freight, etc., or as the case may be] claim the sum of $
against the ship 'Jane' for damage occasioned by a collision which
took place [state where] on the day of 19
and for costs.
(2) Salvage:
The plaintiffs, as owners, master, and crew of the ship 'Mary',
claim the sum of $ for salvage services rendered by them
to the ship 'Jane', [her cargo and freight, etc., or as the case may
be] on the day of , 19 , in or near [state
where the services were rendered]; and for costs.
(3) Pilotage:
The plaintiff claims the sum of $ for pilotage of the
ship 'Jane' on the day of 19 from [state
where pilotage commenced] to [state where pilotage ended] and
for costs.
(4) Towage:
The plaintiffs, as owners of the ship 'Mary', claim the sum
of $ for towage services rendered by the said ship to the
ship 'Jane', [her cargo and freight, etc., or as the case may be]
on the day of ' 19 , at or near [state where
the services were rendered] ; and for costs.
(5) Master's wages and disbursements:
The plaintiff claims the sum of $ for his.wa'es and dis-
bursements as master of the ship 'Mary', and to have'an account
taken thereof; and for costs.
(6) Seamen's wages:
The plaintiffs, as seamen on board the ship 'Mary', claim the
sum of $ for wages due to them, as follows; and for costs
to A.B., the mate $30 for two months' wages from the
day of ' 19
0 C.D., able seaman $ etc., etc.;
[and the plaintiffs claim to have an account taken thereof].
(7) Necessaries, repairs, etc.:
The plaintiffs claim the sum of $ for necessaries
supplied [or repairs done, etc., as the case may be] to the ship
'Mary', at the port of on the day of
19 ; and for costs [and the plaintiffs claim to have an account
taken thereof ].
(8) Possession:
(a) The plaintiff, as sole owner of the ship 'Mary', of the
port of , claims 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 ship.
(9) Mortgage:
The plaintiff, under a mortgage dated the day of
, 19 claims against the proceeds of the ship
'Mary', the sum of $of the amount due to him for principal
and interest; and for costs.
(10) Claims between co-owners:
(a) The plaintiff, as part owner of the ship 'Mary', 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) Bottomry:
The plaintiff, as assignee of a bottomry bond, dated the
day of 19 and
granted by C.D., as master of
the ship 'Mary', of to 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], condemned 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 ' 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 be].
or,
C.D., the owner of the vessel[and cargo, or
as the case may be] captured by H.M.S. 'London' on the . day
of ' 19, claims.to have the said vessel [and cargo,
or as the case may be] restored to him [together with costs and
damages for the seizure thereof].
(15) Under Pacific 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 His Majesty,
for violation of the Pacific Islanders Protection Acts, 1872 and 1875.
(16) Under Foreign Enlistment Act:
A.B. claims to have the British ship 'Mary', together with the
arms and munitions of war on board thereof, condemned as forfeited
-to His Majesty for violation of the Foreign Enlistment Acti 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
violation of [state Act or Ordinance under which penalties are
claimed].
FORM 8. [rule 17.]
CERTIFICATE OF SERVICE TO BE INDORSED ON THE WRIT AFTER
SERVICE THEREOF.
This writ was served by XY. [here state the mode in which
the service was effiected, whether on the owner, or on the ship, cargo,
or freight, etc., as the case may be] on the day of
19
(Signed) X.Y.
FORm 9. [rule 21.].
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 Kong, Admiralty Jurisdiction.
[Title of action]
Take notice that I appear for C.D., of [insert address of C.D.],
in this action.
Dated the day of 19
(Signed) X.Y., Solicitor for C.D.
My place of business is
My address for service is
FORM 10. [rule 21.]
INDORSEMENT OF SET-OFF OR COUNTERCLAIM.
The defendant [or, if he 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
claim] the sum ofdollars for [state nature of the set-off or
counterclaim and the relief or remedy required as in Form 7, mutatis
mutandis]; and for costs.
FORM 11. [rule 28.]
AFFIDAVIT TO LEAD WARRANT.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
I, A.B., [state name and address] make oath and say that I have
a claim against the ship 'Mary' for [state nature of claim].
And I further make oath and say that the said claim has not
been satisfied, and that the aid of this court is required to enforce it.
On the day of
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 and address of person suing in the
name of the Crown] make oath and say that I claim to have the ship
'Mary' and her cargo [or the vessel, name unknown or the cargo
ex the ship 'Mary', etc., or as the case may be] condemned to His
Majesty-
, (a) as having been fitted out for or engaged in the slave trade in
violation of [state Act or Treaty alleged to have 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 thi (Signed) A.B.
truth of this affidavit at
Before me,
E.F., etc.
FORm 12. [rule 33.]
WARRANT.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[L.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 freight, etc., or as the case may be], and to keep the same under
safe arrest, until you shall receive further orders from Us.
Given at in Our said court under the seal thereof,
this day of 19
Warrant.
Taken out by
(Signed) Registrar.
FORm 13. [rule 37.]
CERTIFICATE OF SERVICE TO BE INDORSED ON THE WARRANT
AFTER SERVICE THEREOF.
This warrant was served by [state by whom and in what mode
service was effected] on day, the day of
19
(Signed) G.H., Bailiff.
FORm 14. [rule 39.]
BAIL-BOND.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Know all men by these presents that we [insert names, addresses,
and descriptions of the sureties in full] hereby jointly and severally
submit ourselves to the jurisdiction of the said court, and consent that
if the said [tye
platntiff name of party for whom bail is to be given, and state
whether or defendant] shall not 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
sureties, the day of the Signature of sureties.
in the Registry of the Supreme Court of
Hong Kong [or as the case may be].
Before me,
(Signed) E.F., Registrar.
as the case may be.]
FoRm 15. [rule 39.]
COMMISSION TO TAKE BAIL.
In the Supreme Court of Hong 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 [state sum in letters]
dollars, to answer judgment in the said action:
We therefore hereby authorize you to take such bail on behalf of
the saidfrom two sufficient sureties, upon the bail-bond
hereto annexed, and to swear the said sureties to the truth of the
annexed affidavits as to their sufficiency, in the form indorsed hereon.
And We command you that, upon the said bond and affidavits
being duly executed and signed by the said sureties, you do transmit
the same, attested by you, to the Registry of Our said court.
Given at , in: Our said court, under the seal thereof,
this , day of 19
Commmission 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 16. [rule 44.]
NOTICE OF BAIL.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Take notice that I tender the under-mentioned persons as bail
on behalf of [state name, address and description of party for whom
bail is to be given and whether plaintiff or defendant] in the sum of
[state sum in letters and figures] dollars to answer judgment in this
action [or judgment and costs, or costs only, or as the case may be].
Names, addresses, and descriptions of
SURETIES. REFEREES.
(2) (2)
Dated the day.of 19
(Signed) X.Y.
FORM 17. [rule 45.]
NOTICE TO JUSTIFY.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Take notice that I require [state name, address and description
of surety or sureties required to justify] to justify by affidavit his
[or their] sufficiency as a surety [or sureties] in the above-named
action.
Dated the day of 19
(Signed) A.B.
FORM 18. [rule 45.]
AFFIDAVIT OF JUSTIFICATION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
I [state name, address and description of surety], one of the
proposed sureties for [state name, address and description of person
for whom bail is to be given] make oath and say that I am worth
more than the sum of [state in letters the sum in. which bail is to
be given] dollars after the payment of all my debts.
On the day of
19 , the said
was duly sworn to the truth of this affidavit
at Signature of surety.
Before me,
E.F., Registran
[or Commissioner, as the case may be.]
FORM 19. [rule 45.]
NOTICE OF OBJECTION TO BAIL.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Take notice that I object to the bail proposed to be given by
[state name, address and description of surety or sureties objected
to] in the above-named action.
Dated the day of 19
(Signed) A.B.
FORm 20. [rule 50.]
RELEASE.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[L.S.] [Title of action.]
GEORGE, by the Grace of God, etc.
To the bailiff of Our Supreme Court of Hong Kong, greeting.
Whereas by Our warrant issued in the above-named action on
the day of ' 19 , We did command you to
arrest [state name and nature of property arrested] and to keep the
same under sale 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
payment 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
FoRm 21. [rule 57.]
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 19
1. Shortly before 7 p.m. on the 31st January, 1903, the brig
'Anthes', of 234 tons register, of which the plaintiff, George De
Garis, was then owner, whilst on a voyage from Cardiff to Gran-
ville, in France, laden with coals, and manned with a crew of nine
hands, all told, was about fifteen miles S.E. 1/2 E. from the Lizard
Light.,
2. The wind at the time was about E.N.E., a moderate breeze,
the weather was fine, but slightly hazy, and the tide was about slack
water, and of little force. The 'Anthes' was sailing under all.
plain sail, close hauled on the port tack, heading about S.E. and
proceeding through the water at the rate of about five knots.
Her proper regulation side sailing lights were duly placed and
,exhibited and burning brightly, and a good look-out was being kept
on board of her.
3. At that time those on board the 'Antlies' 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 frorn
the 'Anthes', and 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 green 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., The helm of the 'Anthes' was thereupon put hard
down, but the 'Atlantic', although loudly hailed from the 'Anthes',
ran against and with her stem and starboard bow struck the star-
board quarter of the 'Anthes' abaft the main rigging, and did her
so much damage that the 'Anthes' soon afterwards sank. and was
with her cargo wholly lost, and four of her hands were drowned.
4. There was no proper look-out kept on board the 'Atlantic'.
5. Those on board the 'Atlantic' improperly negected to take
in due time proper measures for avoiding a collision with the
'Anthes'.
6. 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 damage and in costs.
3. To have an account taken of such damage, with the assis-
tance of merchants.
4. Such further or other relief as the nature of the case may
require.
Dated the day of 19
(Signed) A.B., Plaintifr.
ANSWER AND COUNTERCLAIM.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1. The defendants are the owners of the Swedish barque
'Atlantic', of 988 cons register, carrying a crew of nineteen hands
all told, and, at the time of the circumstances hereinafter stated,
bound on a voyage to Cardiff.
2. A little before 6.30 p.m. of the 31st January, 1903, the
'Atlantic' was about fifteen miles S.E. by S. of the Lizard. The
wind was E.N.E. The weather was hazy. The 'Atlantic', under
foresail, fore and main topsails, main topgallant sail, and jib, was
heading about W.S.W., making from five to six knots, with her
regulation lights duly exhibited and burning, and a good look-out
being kept on board her.
3. In these circumstances, the red lights of two vessels were
observed pretty close together, about half a mile off, and from two
to three points on the starboard bow. The helm of 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 'Anthes', altered her
course, and exhibited her green light and caused danger of collision.
The helm of the 'Atlantic' was then ordered to be steadied, but
before this order could be completed was put hard-a-port. The
'Anthes', with her starboard side by the main rigging, struck the
stem of the 'Atlantic' and shortly afterwards sank, her master
and four of her crew being saved by the 'Atlantic'.
4. Save as hereinbefore 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 'Anthes' was improperly starboarded.
7. The collision was caused by one or both of the things stated
in the fifth and sixth paragraphs hereof, or otherwise by the neglig-
ence, of the plaintiff or or those on board the 'Anthes'.
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 damage, with the assis-
tance 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 Hong Kong, Admiralty Jurisdiction.
[Title of action.]
The plaintiff denies the several statements contained in the
answer and counterclaim, [or admits several statements contain-
ed in paragraphs . and . of the answer and counter-
claim, but denies the other statements contained therein].
Dated the day of 19
(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 SeDtember, 1905, the steamship
'Sarpedon', of 1,556 tons register and 225 horse-power, of which
the plaintiffs were owners. whilst on a voyage from Shanghai and
other ports to London, with a cargo of tea and other goods, was
about 80 miles south-west of Ushant.
2. The wind at such time was about south-west, the weather
was a little hazy and occasionally slightly thick, and the 'Sarpedon'
was under steam and sail, steering north-east, and proceeding at the
rate of about ten knots. Her proper regulation. mast-head and side
lights were duly exhibited and burning brightly, and a good look-
out was being kept.
3. At such time the mast-head and red lights of a steam
vessel, which proved to be the above-named vessel 'Julia David'
were seen at the distance of about two miles from and ahead of the
'Sarpedon', but a little on her port bow. The helm of the 'Sar-
pedon' was ported and hard-a-ported, but the 'Julia David' opened
her green light to the 'Sarpedon', and, although the engines of the
'Sarpedon' were immediately stopped and her steam-whistle was
blown, the 'Julia David' with her stem struck the 'Sarpedon' on
her port side, abreast of her red light, and did her so.much damage
that her master and crew were compelled to abandon her, and she
was lost with her cargo. The 'Julia David' went away without
rendering assistance to those on board the 'Sarpedon', and without
answering signals which were made by them for assistance.
4. Those on board the 'Julia David' neglected to keep a proper
look-out.
5. Those on board the 'Julia David' neglected to duly port
the helm of the 'Julia David.'
6. The helm of the 'Julia David' was improperly starboarded.
7. The 'Julia David' did not duly observe and comply with
the provisions'of Article 16 of the Regulations for Preventing Col-
lisions at Sea.
8. The said collision was occasioned by the improper and
negligent navigation of the 'Julia David'.
The plaintiffs claim-
1. A declaration that they are entitled to the damage proceed-
ed for, and the condemnation of the said steamship 'Julia David'
and the defendants therein, and in costs.
2. To have an account taken of such damage, with the assis-
tance of merchants.
3. Such further and other relief as the nature of the case may
require.
Dated the day of 19
(Signed) A.B., etc4,7PlaintilTs.
ANSWER AND COUNTERCLAIM.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1. The defendants are the owners of the Belgian screw steam-
ship 'Julit 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 2.45 a.m. of the 4th September, 1905, the 'Julia
David', in the course of her said voyage, was in the Bay of Biscay.
The weather was thick, with a drizzling rain and banks of fog, and
a stitY breeze blowing from S.S.W., with a good deal of sea. The
'Julia David', under steam alone, was steering S.S.W. A 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 her.
3. In the circumstances aforesaid, those on board the 'Julia
David' saw the green and mast-head lights of a steamship, the
'Sarpedon', about two miles off, and about two points on the star-
board bow. The 'Julia David' was kept on her course. But after
A short time the 'Sarpedon' opened her red light and caused danger
of collision. The helm of the 'Julia David' was thereupon put hard-
a-port, and her engines stopped and almost immediately reversed
full spead, but, nevertheless, the 'Sarpedon' came into collision
with the 'Julia David', striking with the port side her stern 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 'Sarpedon' could be discovered, the search was
given up, and the 'Julia David', being in a very disabled state,
made her way to a port of refuge.
5. Save as hereinbefore appears, the several statements con-
tained in the petition are denied.
6. A good look-out was not kept on board the 'Sarpedon'.
7. The helm of the 'Sarpedon' 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,
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 col-
lision caused great damage to the 'Julia David'.
And they claim-
1. The condemnation of the plaintifFs fand 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 assist-
ance 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 Hong Kong, Admiralty Jurisdiction.
[Title of action.]
The plaintiffs deny the several statements contained in the
answer and counterclaim [or as the case may be].
Dated the day of ' 19
(Signed) A.B., etc., Plaintiffs.
(2) In an action for salvage:
a. (The 'Crosby')
PETITION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
.Writ issued , 19
1. The 'Asia' is an iron screw steamship of 902 tons net
register tonnage, fitted with engines of 120 horse power nominal,
is of the value of $150,000, and was, at the time of the services
hereinafter stated, manned with a crew of twenty-three hands under
the command of George Hook Bawn, her master.
2. At about 9 a.m. on the 29th April, 1907, while the 'Asia',
which was in ballast proceeding on a voyage to Nikolaev to load
a cargo of grain, was between Odessa and Ochakov, those on board
her saw a steamship ashore on a bank situated about 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 'Crosby',
in charge of the second mate of the 'Asia', and subsequently the
master of the 'Crosby' boarded the 'Asia', and at the request
of the master of the 'Crosby', the master of the 'Asia' agreed
to endeavour to tow the 'Crosby' afloat.
4. The 'Crosby' at this 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' akd was lashed to her.
6. The 'Asia' then set on ahead and attempted to tow the
'Crosby' afloat, and so continued towing without effect until the
hawser which belonged to the 'Asia' broke.
7. The masters of the two vessels being then both agreed in
opinion that it would be necessary to lighten the 'Crosby' before
she could be got afloat, it was arranged that the cargo from the
'Crosby' should be taken on board the 'Asia'.
8. The 'Asia' was again secured alongside the 'Crosby', and,
the hatches being taken off, cargo was then discharged from the
'Crosby' into the 'Asia', and this operation was continued until
about 6 p.m., by which time about 100 tons of such cargo had
been so discharged.
9. When this had been done both vessels used their steam,
and the 'Asia' tried again to get the 'Crosby' off but without
success. The 'Asia' then towed with a hawser ahead of the
'Grosby', and succeeded in getting her afloat, upon which the
'Crosby' steamed to an anchorage and then brought up.
10. The 'Asia' steamed after the 'Crosby' and again came
alongside of her and commenced putting the transhipped cargo
again on board the 'Crosby', and continued doing sa until about
6 a.m. of the 80th April, by which time the operation was com-
pleted, and the 'Crosby' and her. cargo being in safety the 'Asia'
proceeded on her voyage.
11. By the services of the plaintiffs the 'Crosby' and 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.
12. The 'Asia' encountered some risk in being lashed along-
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 steamship of 1,118 tons
net (1,498 gross) register tonnage. As salved, the 'Crosby' and
her cargo and freight have been agreed for the purposes of this
action at the value of $41,092.
The plaintiffs claim-
1. Such an amount of salvage, regard being had to the said
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 19
(Signed) A.B., etc., Plaintiffs.
ANSWER.
in the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1. The defendants admit that the statement of facts con-,
tained in the petition is substantially correct, except that the
reshipment of the cargo on board the ' 'Crosby' was completed by
4 a.m. on the 30th April, 1907.
2. The defendants submit to the judgment of the court to
award such a moderate amount of salvage to the plaintiffs in the
circumstances 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 para-
graph 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 Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued 19
1. The 'Emu' is a steam tug belonging to the Whitby Steam
Boat Company, of six tons register, with engines of 40 horse-power
nominal, and was at the time of the services hereinafter stated,
manned by a crew of five hands.
2. Just before midnight on the 22nd July, 1906, when the
'Emu' was ' lying in Whitby harbour, her master was informed
that a screw steamship was ashore on Kettleness Point. He. at
once got up steam, but was not able, owing to the tide. to leave
the harbour 'till about 1.45 a.m. of the 23rd.
3. About 2 a.m. the 'Emu' reached the screw steamship,
which was the 'Newcastle', and which was fast upon the rocks,
with a kedge and warp out. The wind was about N., blowing
fresh; the sea was smooth, but rising; the tide was flood.
4. The master of the 'Emu' offered his services, which were
at first declined by the master of the 'Newcastle'. shortly after-
wards the kedge warp broke and the :'Newcastle'' swung square
upon the land and more upon the rocks. The master of the 'New-
castle' 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.
5. About 3 a.m. those on board the 'Emu' got a rope from
the 'Newcastle' on board, and began to tow. After some towing
this rope broke. The tow line of the 'Newcastle' was then got
on board the 'Emu' and the 'Emu' kept towing and twisting
the 'Newcastle', but was unable to get her off till about 5 a.m.,
when it was near high water. The master of the 'Emu' then
saw that it was necessary to try a click or jerk in order to get
the 'Newcastle' off, and accordingly, at the risk of straining his
vessel, he gave a strong click in a northerly direction, and got
the 'Newcastle' off.
6. The master of the 'Emu' then asked if the 'Newcastle'
was making water, and was told a little only, but as he saw
that the hands were at the pumps he kept the 'Emu' by the
'Newcastle' until she was abreast of Whitby. He then inquired
again if any assistance was wanted, and being told that the 'New-
castle' was all right and would proceed on her voyage, lie steanied
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.
ANSWER.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1. At about 6.45 p.rn. on the 22nd July, 1906, the iron screw
steamship 'Neweastle', 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. Etforts were then made to get the 'New-
castle' again afloat by working her engines, but it was found that
this could not be done in the then state of the tide.
3. At about 10 P.m. of the said day a kedge, with a warp
attached to it, was carried out from the 'Newcastle' by one of
her own boats and dropped to seaward, and such warp was after-
wards 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 Runswick, and the men in
them offered their assistance, but their services, not being required,
were declined.
4. At -about 2 a.m. of the following morning the steam tug
'Emu', wh9se owners, master, and crew are the plaintiffs in this
action, came to the 'Newcastle' and offered assistance, which was
also declined.
.5. The flood tide was then making, and by about 2.45 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 'Emup'
to assist in getting, the 'Newcastle' afloat, and. at about 3 aall.
a rope was given to the 'Emu' from the port bow of the 'New-
castle', and directions were given to the 'Emu' to keep the head
of the 'Newcastle' to the eastward in the same way as it had
been kept by the aforesaid kedge anchor and warp. The 'Emu'
then set ahead and almost immediately the said 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 head 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 be 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
being N.N.W. and light, and the weather fine. It was afterwards
ascertained that the 'Newcastle' was making 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 Humber at about 2.45 p.m. of the same day.
7. During the time aforesaid the master, crew, and passen-
gers of the 'Newcastle' remained on board the 'Newcastle', and
no danger was incurred in their so doing.
8. Save as herein appears, the defendants deny the truth of
the several statements contained in the petition.
9. The defendants have paid into court and tendered to the
plaintiffs for their services the sum of $1,000 and have offered
to pay their costs, and the defendants submit that such tender
is sufficient.
Dated the day of 19
.(Signed) C.D., etc., Defendants.
(3) In an action for distribution of salvage:
PETITION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of actionj
Writ issued 19
1. Describe briefly the salvage services, stating the part taken
in them by the plaintiffs, and the capacity in which they were serving.
2. The sum of $ has been paid by the owners of the
ship, etc., [state name of ship or other property salved] to the
defendants, as owners of the ship [state name of salving ship], and
has been accepted by them in satisfaction of their claim for salvage,
biit the said defendants have not paid, and refuse to pay, any
part bl 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 this action.
2. Such other relief as the nature of the ease may require.
Dated the day of 19
(Signed) A.B.. etc., Plaintiffs.
(4) In an action for master's wages and disbursements:
a. ('The Princess')
PETITION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued , 19
1. The plaintiff, on the 10th February, 1907, was appointed
by the owner of the British barque 'Princess', proceeded against
in this action, master of the said barque, and it was agreed
between the plaintiff and the said owner that the wage3 of the
plaintiff as master should be $100 per month.
2. The plaintiff acted as master of the said barque from
the said 10th February until the 25th October, 1907, and there is
now due to him for his wages as master during that time the
sum of $850.
3. The plaintiff, as master of the said barque, expended
various sums of money for necessary disbursements on account of
the said barque; and there is now due to him in respect of the
same a balance of $350.
The plaintiff claims-
1. A decree pronouncing the said sums, amounting in the
whole to $1,200, to be due to him for wages and disbursements,
and directing the said vess61 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')
PETITION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued 9 19
1. In or about the month of July, 1905, the plaintiff was
engaged by the owners of the British ship 'Northumbria' to serve
on board her as her master, at wages after the rate of $130. per
month, and he entered into the service of the said ship as her
master accordingly, and thenceforward served on board her in that
capacity and at that rate of wages until he was discharged as
hereinafter stated.
2. When the plaintiff so entered into the service of the said
ship she was lying at the port of North Shields in the county of
Northumberland, and she thence sailed to Point de Galle, and thence
to divers other ports abroad, and returned home to Cardiff, where
she arrived on the 1st October, 1907.
3. The 'Northumbria', after having received divers repairs
at Cardiff left that port on the 5th November, 1907, under the
command of the plaintiff on a voyage, which is thus described
in the ship's articles signed by the plaintiff and her crew before
commencing the same, viz., 'A voyage from Cardiff to Bahia or
'Pernambuco, and any ports or places in the Brazils, or North
'or South America, United States of America, Indian, Pacific, or
'Atlantic Oceans, China or Eastern Seas, Cape Colonies, West
'Indies, or Continent of Europe, including the Mediterranean Sea
'or Seas adjacent, to and fro, if required, for any period not
'exceeding three years, but finally to a port of discharge in the
United Kingdom or Continent of Europe.' .
4. The 'Northumbria', after so leaving Cardiff, met with bad
weather and suffered damage, and was compelled to put back to
Falmouth for repairs before again proceeding on her voyage.
5. The plaintiff was ready and willing to continue in the
service of the 'Northumbria', and to perform his duty as her
master on and during the said voyage, but the defendants, the
owners of the 'Northumbria', wrongfully and without reasonable
cause discharged the plaintiff on the 23rd November from his
employment as master, and appointed another person as master of
the 'Northumbria' on the said voyage in the place of the plaintiff,
and thereby heavy damage and loss have been sustained by the
plaintiff.
6. The plaintiff, whilst he acted as master of the 'Northum-
bria', earned his wages at the rate aforesaid; and he also, as
such master, made divers disbursements on account of the 'Nor-
thumbria'; 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 plaintifl.
The plaintiff claims-
1. Payment of the sum of $1,080, the balance due to the
plaintiff for his wages and disbursements, with interest thereon.
2. Damages in respect of his wrongful discharge by the de-
fendants.
3. The condemnation of the defendants [and their bail] in the
amounts claimed by or found due to the plaintiff.
4. To have an account taken [with the assistance of mer-
chants] of the amount due to the plaintiff in respect of his said
wages and disbursements, and for damages in respect of such wrong-
ful 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 Kong, Admiralty Jurisdiction.
[Title of action.]
1. The defendants admit the statements made in the 1st, 2nd,
3rd and 4th paragraphs of the plaintiff's petition.
2. Whilst the 'Northumbria' was upon her voyage in the
said 3rd paragraph mentioned, and before and until she put into
Falmouth, as in the said 4th paragraph mentioned, the plaintiff
was frequently under the influence of drink.
3. During the night of the 10th November, 1907, and the
morning of the 11th November, 1907, whilst a violent gale was blow-
ing and the ship was in danger, the plaintiff was wholly drunk and
was incapable of attending to his duty as master of the said ship;
and in consequence of the condition of the plaintiff much damage
was done to the said ship, and the said ship was almost put ashore.
4.. The damage in the 4th paragraph of the petition mentioned
was wholly or in part occasioned by the drunken condition of the
plaintiff during the said voyage from Cardiff to Falmouth.
5. The defendants, having received information of the above
facts on the arrival of the said ship at Falmouth, and having made
due inquiries concerning the same, had reasonable and probable
cause to and did discharge the plaintiff from his employrnent 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 Fainiouth, wrongfully and improperly tore out and
destroyed certain entries which had been made by the mate of
the said ship in her log book relating to the said voyage from
Cardiff to Falmouth; and the plaintiff substituted in the said log-
book entries made by himself with intent to conceal the true facts
of the said voyage from the defendants.
7. The defendants bring into court the sum of $1,040 in
respect of the 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 1 19
(Signed) C.D.. E.P., 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 19
(Signed) A.B., Plaintiff.
(5) In an action for seamen's wages:
PETITION.
In the Supreme Court of Hong 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 , 19 , to the day of
, 19 and during that time as mate of the
said brig earned wages a~nounting to $ . After giving
credit for the sum received 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
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 respecLively, 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 G.H. $
3. The plaintiffs J.K. and L.M. were engaged as ordinary
seamen on board the said brig, and, having served on board the same
in pursuance of the said engagement during the periods specified
in the Schedule hereto, earned thereby the sums set forth in the
same Schedule, and after giving credit for the sums received by.
them respectively, on account of the said wages, there remain due
to them the following sums, namely-
To J.K. the sum of $
To L.M. $
SCHEDULF referred to above.
Wages due to A.B., mate, from the 19 to the
19 months and days, at
$ per month.
Less received on account $
Balance due .......$
Wages due to C.D., able seaman, from the 19 to
the 19 months and days, at
$ per month.
Less received on account $
Balance due .......$
[and so on with the wages due to the other plaintiffs.]
The plaintiffs claim-
1, The several sums so due to them respectively, with the
costs of this action.
2. Such other relief as the nature of the case may require.
Dated the day of ' 19
(Signed)..A.B etc., Plaintiffs.
(6) In an action for bottomry:
PETITION.
In the Supreme Court of Hong Kong, 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 the Cassa Marittima di Genova the sum
her freight from
of $3,478. 7s. 11d. for the necessary and indispensable repairs,
charges, and supplies of the said vessel in the said port of Ran-
goon, and to enable her to prosecute her voyage from Rangoon
to Akyab and thence to
2. Accordingly, by a bond of bottomry dated the 11th day
of the said month of July and duly executed by him, the said
Pietro Ozilia, in consideration of the sum of $3,478. 7s. 11d. lent
by the said Cassa Marittima di Genova upon the said adventure
unon 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 in respect of the said voyage to pay to the
said Cassa Marittirna di Genova, their successors or assigns, the
sum of $4,278. 8s. 7d. (which included the principal charges and
the maritime interest due thereon), within 30 days after the said
barque should arrive at her port of discharge; and the said bord
provided that the said Cassa Marittimi, 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 $4,278. 8s. 7d. is
now due and owing thereon to the plaintiffs.
The plaintiffs claim-
1. A declaration for the force and validity of the said bond.
2. The condemnation of the said barque 'Roma Capitale' and
her freight in the equivalent in Hong Kong currency of the sum
of $4,278. 8s. 7d., with interest thereon at the rate of $3 per cent
per annum from the time when the said bond became payable, and
in costs.
3. A sale of the said barque and the application of the
proceeds of her sale and of her freight in payment to the plaintiffs
of the said amount and interest and costs.
4. Such further and other relief as the nature of the case
may require.
Dated the day of 19
(Signed) A.B., etc., Plaintiffs.
(7) In an action for mortgage:
PETITION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued 1 19
1.The above-named brigantine or vessel 'Juniper' is a
British ship belonging to the port of , of the
registered tonnage of 109 tons or thereabouts, and, at the time
of the mortgage hereinafter mentioned, Thomas Brock, of
, was the registered owner of the said brigantine.
2. On the 4th July, 1906, 32-64th parts or shares of the
said brigantine were mortgaged by the said Thomas Brock to the
plaintiff, to secure the payment by the said Thonias Brock to the
plaintiff of the sum of $400, together with interest thereon at
the rate of 5 per cent per annum on or before the 1st July,
1907.
3. The said mortgage of the 'Juniper' was made by an
instrument dated the 4th July, 1906, in the form precribed by
the Merchant Shipping Act, 1894, and was duly registered in
accordance 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 $400, together
with a large sum of money for interest and expenses, and the
plaintiff, although he has applied to the said Thomas Brock for
payment thereof, cannot obtain payment without the assistance of
this court.
The plaintiff claims-
1. Judgment for the equivalent in Hong Kong currency of
the said principal sum of $400, together with interest and expenses.
2. To have an account taken of the amount due to the
plaintiff.
3. Payment, out of the proceeds of the said brigantine now
remaining in court, of the amount found due to the plaintiff,
together with costs.
4. Such further and other relief as the nature of the case
may 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 and
2. By a bill of sale, duly registered on the 11th June 1897,
the defendant, John Horlock, who was then sole owner of the
above-named ship 'Horlock', transferred to Thomas Worraker, of
, 32-64th parts or shares of the ship for the sum
of $3,200.
3. By a subsequent bill of sale, duly registered on the 16th
Thomas Worraker transferred his said
December, 1906, the said ra
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 manage-
ment and the command of the said ship from the 11th June,
1897, down to the present time.
5. The defendant has from time to time, up to and including
the 24th Septernber, 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 December, 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 defendant may be condemned in the amount which
shall be found due to the plaintiff in respect thereof, and in the
costs of this action.
3. Such further or other relief as the nature of the case
may require.
Dated the day of 19
(Signed) G.W., Plaintiff.
ANSWER.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1. The defendant denies the statements contained in para-
graph 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 statements 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 defendant does not admit), he did so wrong-
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 19
(Signed) J.H., Defendant.
REPLY.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
The plaintiff denies the several statements in the answer.
Dated the day of 19
(Signed) GM., Plaintiff.
(9) In an action for possession:
PETITION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued 19
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 shares, Edmund
Nicholls of 8-64th shares, William Meager of 4-64th shares, Isaac
Butler of 8-64th shares. and William Herbert of 8-64th shares.
2. The only owner of the said ship other than the plaintitfs
is John Nicholas Richardson, who is the registered owner of the
remaining 20-64th shares of the said ship, and has hitherto acted
as managing owner and ship's husband of the said ship, and has
possession of and control over the said ship and her certificate
of registry.
3. The defendant., the said John Nicholas Richardson, has not
managed the said ship to the satisfaction of the plaintiffs, and has,
by his management of her, occasioned great loss to the plaintiffs:
and the plaintiffs in consequence thereof, before the commencement
of this action, gave notice to the defendant to cease acting as
managing owner and ship's husband of Ithe 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 refused to render proper
accounts relating to the magagernent and earnings of the said ship,
and such accounts are still outstanding and unsettled between the
plaintiffs and the defendant.
The plaintiffs claim-
1. Judgment giving possession to the plaintiffs of the said ship
and of her certificate of registry.
2. To have an account taken, with the assistance of merchants,
of the earnings 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) M.P.G., etc., Plaintiffs.
(10) In an action for neceRsaries:
PETITION.
In the Supreme Court of Hong Kong, Admiralty Ju'risdiction.
[Title of action.]
Writ issued 19
1.The plaintiffs, at the time of the occurrences hereinafter
mentioned, carried on business at the port of as
bonded store and provision merchants and ship chandlers.
2. The 'factoria' is a Greek ship, and in the months of
June, July, August and September, 1906, was lying in the said port
of under the command of one George Lazzaro, a
foreigner, her master and owner, and in the said month of Septem-
ber she proceeded on her voyage to
3. The plaintiffs, at th e 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 tho said then intended voyage to the
value of $412. 16s. 9d., for which sum an acceptance was given by
the said George Lazzaro to the plaintiffs; but on the 4th February,
1907, the said acceptance, which then became due, was dishonoured,
and the said sum of $412. 16s. 9d., with interest thereon from the
said 4th February, 1907, still remains due and unpaid to the plain-
tifys.
4. In the month of August aforesaid the plaintiffs, at the
request of the said master, advanced to him the sum of $100 for
the necessary disbursements of the said ship at the said port of
and otherwise on account of the said ship; and
also at his request paid the sum of $11, which was due for goods
supplied for the necessary use of the said ship on the said voyage;
and of the sums so advanced and paid there still remains due and
unpaid to the plaintiffs the sum of $61, with interest thereon from
the 5th January, 1907, on which last-mentioned day a promissory
note given by the said George Lazzaro to the plaintiffs for the said
sum of $61 was returned to them dishonoured.
5. The plaintiffs, also, at the said master's request, between
the 1st September, 1906, and the commencement of this action,
paid various sums amounting to $84. 17s. for the insurance of their
said debt.
6. The said goods were supplied and the said sums advanced
and paid by the plaintiffs upon the credit of the said ship, and
not merely on the personal credit of the said master.
The plaintiffs claim-
1. Judgment for the equivalent in Hong Kong currency of
the said sums of $412. 16s. 9d., $61, and $84. 17s., together with
interest thereon.
2 That the defendant [and his bail] be condemned therein,
and in costs:
or
2. A sale of the said ship, and payment of the said sums
and interest out of the proceeds of such sale, together with costs.
3. Such further and other relief as the nature of the case may
require.
Dated the day of 19
(Signed) A.B., etc., Plaintiffs.
(11) In an action for condemnation of a ship or cargo, etc.
PETITION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued ' 19
State briefly the circumstances of the seizure, or, if an affidavit
of the circumstances has been filed, refer to the affidavit.
A.B. [state name of person suing in the name of the Crown]
claims-
The condemnation of the said ship [and her cargo,
or as the case may be], on the ground that the said ship, etc., was,
at the time of the seizure thereof, fitted out for or engaged in the
slave trade [or as having been captured from pirates, or for violation
of the Act s. or as the case may be].
Dated the day of 19
(Signed) A.B.
(12) In an action for restitution of a ship or cargo:
PETITION.
In the Supreme Court of Rong Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued ' 19
State briefly the circumstances of the s eizure.
A.B. [state name of person claiming restitution] clairns-
The restitution of the said vessel [and her cargo, or as
the case may be,] together with costs and damages for the seizure
thereof for as the case gnay be].
Dated the day of 19
(Signed) A.B., Plaintiff.
(13) In a piracy case, where the captors intend to apply for
bounty, add-
A.B. further prays the court to declare-
(1) That the persons attacked or engaged were pirates.
(2) That the total number of pirates so attacked or engaged
was of whom were captured.
(3) That the vessel [or vessels and boats] engaged was [or
were] [and
Dated the day of 19
(Signed) A.B.
(14) In an action for recovery of any pecuniary forfeiture or
penalty:
PETITION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
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 22. [rule 66.]
NOTICE OF MOTION.
in the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Take notice that on [state day of week] the day of
' 19 , the plaintiff [or defendant] will [by counsel,
or by his solicitor, if the motion is to be made by counsel or solicitor]
move the judge in court [or in chambers, as the case may be] to
order that [state nature of order to be moved for. In a notice of
motion to vary a report of the Registrar, the items objected to must
be specilled].
Dated the day of 19
(Signed) A.B., Plaintiff [or C.D., Defendant.]
FORm 23. [rule 71.]
NOTICE OF TENDER.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Take notice that I have paid into court, and tender in satisfaction
of the plaintiff's claim [or as the case may be] [if the tender is for
costs also, add including costs,] the surn of [state sum tendered both
in letters and figures, and on what terms, if any, the tender is made].
Dated the day of 19
(Signed) C.D., Defendant.
FORm 24. [rule 71.]
NOTICE ACCEPTING OR REJECTING TENDER.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Take notice that I accept [or reject] the tender made by the
defendant in this action.
Dated the day of 19
(Signed) A.B., Plaintiff.
FORm 25. [rule 78.]
NOTICE FOR REARING.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Take notice that I set down this action for hearing.
Dated the day of ' 19
(Signed) A.B., Plaintiff [or C.D., Defendant.]
FORm 26. [rule 91.]
REGISTRAR'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 [or defendant], and condemned the defendant [or plaintiff]
and the ship [or as the case may be] in the amount
to be found due to the plaintiff [or defendant] [and in costs], and
the court further ordered that an account should be taken, and
referred the same to the Registrar [asisted by merchants] to report
the amount due: Now I do report that I have, with the assistance
of [here state names and description of assessors, if any], carefully
examined the accounts and vouchers and the proofs brought in by
the plaintiff [or defendant] in support of his claim [or 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 of the defendant, [and having heard the
solicitors (or counsel) on both sides, or as the case may be], I find
that there is due to the plaintiff [or defendant] the sum of $
[state sum in letters and figures] together with interest thereon
as stated in the Schedule hereto annexed. I am also of opinion that
the plaintiff [or defendant] is entitled to the costs of this reference
[or as the case may be].
Dated the day of 19
(Signed) E.F, Registrar.
SCHEDULF annexed to the foregoing report.
No.
1 [Here state as briefly as possible
2 the several items of the
3 claim, with the amount claim-
4. ed and allowed on each item
5 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., Regstrar.
FORm 27. [rule 112.]
COMMISSION OF APPRAISEMENT,
[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, greeting.
Whereas Our said court has ordered that [state whether ship or
cargo, and state name of ship and, if part only of cargo, state what
part] shall be appraised: We, therefore, hereby command you to
reduce into writing an inventory of the said [ship or cargo, etc.,
as the case may be], and having 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 the appraiser
or appraisers, to file the same in the Registry of Our said court,
together with this commission.
Given at in Our said court, under the seal thereof,
this day of 19
(Signed) E.F., Registrar.
Commission of appraisement.
Taken out by
FORm 28. [rule 112.]
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 the bailiff of Our Supreme Court of Hong Kong, greeting.
Whereas Our said court has ordered that [state whether ship
or cargo, and state name of ship, and if part only of cargo, what
part] shall be sold: We, therefore, hereby command you to reduce
into writing an inventory of the said [ship or cargo, etc., as the
case may be], and to cause the said [ship or cargo, etc., as the
case may be,] to be sold by public auction for the highest price that
can be obtained for the same.
And We further command you, as soon as the sale has been.
completed, to pay the proceeds arising therefrom into Our said court,
and to file an account sale signed by you, together with this
commission.
Given at in Our said court, under the seal thereof,
this day of 19
(Signed) E.F. Registrar.
Commission of sale.
Taken out by
FORm 29. [rule 112.]
COMMISSION OF SALE AND APPRAISEMENT.
[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 5uprente Court of Hong Kong, greeting.
Whereas Our said court has ordered that [state whether ship
or cargo, and state name of ship, and, if part only of cargo, what
part] shall be appraised and sold: We, therefore, hereby command
you to reduce into writing an inventory of the said [ship or cargo,
etc., as the case may be], and having 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 the appraiser
or appraisers, to cause the said [ship, or cargo etc., as the case
may be,] to be sold by public action for the highest price, not
under the appraised value thereof, that can be obtained for the
same.
And We further command you, as soon as the sale has been
completed, to pay the proceeds arising therefrom into Our said court,
and to file the said certificate of appraisement and 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) E.F. Registrar.
Commission of appraisement and sale.
Taken out by
FORM 30. [rule 112.]
COMMISSION OF REMOVAL.
[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, greeting.
Whereas Our said court has ordered that the [state naine and
description of ship] shall be removed from to
on a policy of insurance in the sum of $ being deposited
in the Registry of Our said court; and whereas a policy of insur
ance for the said sum has been so deposited: We, therefore,
hereby command you to cause the said ship to be removed accord
ingly.
And We further command you, as soon as the removal has
been completed, to file a certificate thereof, signed by you, in the
said Registry, together with this commission.
Given at in Our said court, under the seal thereof,
this day of 19
(Signed) E.F., Registrar.
Commission of removal.
Taken out by
FORm 31. [rule 112.]
COMMISSION FOR DISCHARGE OF CARGO.
[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, greeting.
Whereas Our said court has ordered that the carg,o of the
ship shall be discharged: We, therefore, hereby
command you to discharge the said cargo from on board the said
ship, and to put the same into some fit and proper place of
deposit.
And We further command you, as soon as the discharge of
the said cargo has been. completed, to file your certificate thereof
in the Registry of Our said court, together with this commission.
Given at in Our said court, under the seal thereof,
this day of 19
(Signed)E.F., Registrar.
Commission for discharge of cargo.
Taken out by
FORm 32. [rule 112.]
COMMISSION FOR DEMOLITION AND SALE.
[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 Suprelve Court of Hong Kong, greeting.
We hereby command you, in pursuance of the decree of the
judge of Our said court to that effect, to cause the tonnage of
the vessel to be ascertained by such rule as shall
for the time being 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
signed by you of the admeasurement and tonnage of the vessel,
together 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 33. [rule 117.]
ORDER FOR INSPECTION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
On the day of 19
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
as the case may be], and that a report in writing of the inspection
should be lodged by him [or them] in the Registry of the court.
(Signed) E.F., Registrar.
FORM 34. [rule 118.]
NOTICE OF DISCONT In 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 35. [rule 118.]
NOTICE TO ENTER JUDGMENT FOR COSTS.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
. [Title of action.]
Take notice that I apply to have judgment entered for my
costs in this action.
Dated the day of 19
(Sixned) C.D., Defendant.
FORm 36. [rule 128.]
NOTICE OF APPEAL TO HIS MAJESTY IN COUNCIL.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Take notice that I, A.B., plaintiff [or defendant] appeal from
the decree, [or order] of the Full Court made the day of
' 19
Dated the day of 19
(Signed) AR, Plaintiff [or Defendant.]
FORm 37. [rule 135.]
ORDER FOR PAYMENT OUT OF COURT.
[L.S.] In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
I, Chief Justice [or judge] of the said Supreme
Court, hereby order payment of the sum of [state sum in letters]
dollars, being the amount [state whether found due for damages or
costs, or tendered in the action, or as the case may be] to be paid
to [state name and address of party or solicitor to whom the money
is to be paid] out of the [proceeds of sale of ship, etc., or as the
case may be] now remaining in court.
Dated the day of 19
(Signed) J.K., Chief Justice [or Judge.]
Witness.
(Signed) E.F., Registrar.
FORM 38. [rule 136.]
NOTICE FOR CAVEAT WARRANT.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Take notice that I, A.B., of apply for a caveat
against the issue of any warrant for the arrest of [state name and
nature of property], and I undertake, within three days after being
required to do so, to give bail to any action or counterclaim that
may have been or may be brought against the same in this court
in a sum not exceeding [state sum in letters] dollars, or to pay such
sum into court.
My address for service is
Dated the day of 19
(Signed) A.B.
FORm 39. [rule 136.]
CAVEAT WARRANT.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Caveat entered this day of 19 against
the issue of any warrant for the arrest of [state name and nature
of property], without notice being first given to [state name and
address of person to whom, and address at which, notice is to be
given], who has undertaken to give bail to any action or counter-
claim that may have been or may be brought in the said court against
the said [state name and nature of property].
On withdrawal of caveat, add-
Caveat withdrawn this day of 19
FORm 40. [rule 137.]
NOTICE FOR CAVEAT RELEASE.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of actionj
Take notice that I, A.B., plaintiff [or defendant] in the above-
named action, apply for a caveat against. the release of [state name
and nature of property].
[If the person applying for the caveat is not a party to the
action, he must also state his address and an address for service
within three miles of the Registry.]
Dated the day of 19
(Signed)A.B.
FORm 41. [rule 137.]
CAVEAT RELEASE.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Caveat entered this day of '19 against
the issue of any release of [state name and nature of property] by
[state name and address of person entering caveat and his address
for service.]
On withdrawal of caveat, add-
Caveat withdrawn this day of 19
FORm 42. [rule 138.]
NOTICE FOR CAVEAT PAYMENT.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Take notice that I, A.B., plaintiff [or defendant] 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 may be] out of the
proceeds of the sale of [state whether ship or cargo, and name of
ship, etc.] now remaining in court, without notice being first given
to me.
[If the person applying for the caveat is not a party to the
action, he must also state his address and an address for service
within three miles of the Registry.]
Dated the day of 19
(Signed) A.B.
FoRm 43. [rule 138.]
.CAVEAT PAYMENT.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Caveat entered this day of 19 against
the payment of any money [if for costs, add for costs, or as the
case may be] out of the proceeds of the sale of [state whether ship
or cargo, and, if ship, state name of ship, etc.] now remaining in
court, without notice being first given to [state name and address
of person to whom, and address at which, notice is to be given].
On withdrawal of caveat, add-
Caveat withdrawn this day of ,19
FORm 44. [rule 143.]
NOTICE FOR WITHDRAWAL OF CAVEAT.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Take notice that I 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 45. [rule 144.]
ORDER FOR PAYMENT.
[L.S.] In the Supreme Court of Hong Kong, Admiralty 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 46. [rule 145.]
ATTACHMENT.
[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, 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 47. [rule 146.]
ORDER FOR COMMITTAL.
[L.S.] In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of actionj
On the day of 19
Before
Whereas A.B. fstate 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 48. [rule 146.]
COMMITTAL.
[L.S.] 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 hereinunder written; that is to
say, for [state briefly the ground of attachment].
Dated the day of 19
(Signed) J.K., Chief Justice [or Judge.]
Witness, (Signed)E.F., Registrar.
FORm 49. [rule 153.]
MINUTE ON FILING ANY DOCUMENT.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1, A.B. [state whether plaintiff or defendant], file the following
documents, viz-
[Here describe the documents filed.]
Dated the day of 19
(Signed) A.B.
FORm 50. [rule 156.]
MINUTE OF ORDER OF COURT.
In 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 de-
fendant] ordered [state purport of order].
FORM 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 52. [rule 156.]
MINUTE OF DECREE.
In the Supreme Court of Hong 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 for
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 ex the ship or as
the case may be] in the said sum [and in costs].
,(b) in an action in personam, or in rem where bail has been
given; the defendant [or plaintiff] and his bail [if bail has been
given] in the said sum [and in costs].
(2) Decree for a sum not ascertained:
The court having heard, etc. [as above], pronounced in favour of
the plaintifY's claim [or 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 amount 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 assesed by the court,
that all account and vouchers, with the proofs in support thereof,
should be filed within days [or as the case may be];
(b) if the court refers the assessment to the Registrar,
referred the same to the Registrar [assisted by merchants], to report
the amount due, and ordered that all accounts, etc.[as above].
(3) Decree on dismissal of action:
The court having heard, etc. [as above] dismissed the action [if
ivith 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 and perquisite of His Majesty in his
Office of Admiralty.
(5) Decree in action for possession:
The court having heard, etc. [as above], decreed that possession
of the shipshould be given to the plaintiff. and
condemned the defendant [and his bail] in costs.
(6) Decree of condemnation in a slave trade action:
The court having heard, etc. [as above] pronounced that the vessel,
name unknown [or as the case may be], seized by H.M.S. 'Torch'
on the day of 19, had been, at the time of her
seizure, engaged in or fitted out for the slave trade in contravention of
the treaties existing between Great Britain and [or in
violation of the Acts 5 Geo. 4, c. 113 and 36 & 37 Vict. c. 88, or as
the case may be], and it condemned the said vessel [together with
the goods and effects on board thereof] as forfeited to His Majesty For
condemned the said vessel as forfeited, etc., but ordered that the
cargo should be restored to the claimant, or as the case may be].
The court further ordered that the slaves [or the slaves then
surviving consisting of men, women,boys,
and girls should be delivered over to [state to whom or, how
the slaves are to be disposed of].
If the vessel has been brought into port, add-
The court further ordered that the tonnage of the vessel should be
ascertained by the rule in force for the admeasurement of British
vessels, and that the vessel should be broken up, and that the
materials thereof should be publicly sold in separate parts, together
with her cargo [if any];
or
If the vessel has been abandoned or destroyed by the seizors prior
to the adjudication, and the court is satisfied that the abandonment
or destruction was justifiable, add-
The court further declared that, after full consideration by the
court of the circumstances of the case, the scizors 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 vesselwas engaged in or
fitted out for the slave trade, and ordered that the said vessel should
be restored to the claimant, together with the goods and effects on
board thereof;
add, as. the case may be,
but without costs or damages,
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, and] 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 'Tecumseh' [and her cargo] had been, at the time of the
capture thereof by H.M.S. 'Torch', the property of pirates, and
condemned the same as a droit and perquisite of His Majesty in his
Office of Admiralty:
or
pronounced that the said junk 'Tecumseh' [and her cargo) had,
prior to her re-capture by H.M.S. 'Torch', etc., been captured by
pirates from the claimant [state name and description of former
owner], and decreed that the same should be restored to the said
claimant as the )awful owner thereof, on payment to the re-captors
of [one-eighth] part of the true value thereof in lieu of salvage. The
court also directed that the said junk [and her cargo] should be
appraised;
If the junk, etc., has been captured after an engagement with
the pirates, and if there is a petition for bounty, add-
The court further declared that the persons attached or engaged
by H.M.S. 'Torch', etc., on the occasion of the capture of the said
junk were pirates, that the total number of pirates so attacked or
engaged was about , that of that number were
captured, and that the only vessel engaged was H.M.S. 'Torch'
[or as the case may be].
(9) Decree of condemnation under Pacific Islanders Protection
The court having heard, etc. [as above] pronounced that the ship
had been, at the time of her seizure [or during the voyage
on which she was met], employed [or fitted out for employment] in
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 as the case may be], 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 court.
(10) Decree of condemnation under Foreign Enlistment Act:
The court having beard, etc. [as above] pronounced that the ship
had been built [or equipped, commissioned, despatched,
or used, as the case may be] in violation of the Foreign Enlistment
Act, 1870, and condemned the said shipand her equipment
[and the aims 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 case may be,] as
forfeited to His Majesty for violation of the Act [state what Act].
(12) Decree for pecuniary forfeiture or penalty under Customs
Act or other Act or Ordinance:
The court having heard, etc. [as above] pronounced the said
goods to have been -landed [or other illegal act to have been done]
in violation of the 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 in costs].
FORm 53. [rule 156.]
MINUTES IN AN ACTION FOR DAMAGE BY COLLISION.
A. B. etc.,
No. against
The ship 'Mary'.-
19
Jan. 3 A writ of summons [and a warrant] was [or were] issued
to E.F. on behalf of A.B., etc., the owners of the ship
'Jane' against the ship 'Mary' [and freight, or as the
case may be,] in an action for damage by collision.
Amount claimed $10,000.
5 G.H. filed notice of appearance on behalf of C.D. etc., the
owners of the ship 'Mary'.
6 E.F. filed writ of summons.
' The bailiff filed warrant.
7 G.H. filed bail bond to answer judgment as against the
defendants for as the case may be] in the sum of $10,000
with affidavit of service of notice of bail.
' A release of the ship 'Mary' was issued to G.H.
8 E.F. filed preliminary act [and notice of motion for
pleadings].
' G.H. filed preliminary act.
10 The court having heard solicitors on both sides [or as the
case may be] ordered pleadings to be filed.
11 E.F. filed petition.
14 G.H. filed answer [and counterclaim].
15 E.F. filed reply.
16 The court having heard solicitors on both sides [or as the
case may be] ordered both plaintiffs and defendants to file
affidavits of discovery, and to produce, if required, for
mutual inspection the documents therein set forth, within
three days.
18 E.F. filed affidavit of discovery.
19 G.H. filed affidavit of discovery.
22 E.F. filed notice of trial.
26 E.F. produced 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 of the
language. Present [state names of assessors
present, if any] assessors.
19
Jan. 26 G.H. produced as witnesses, etc., [as above].
The court having heard [state whether plaintiffs and de-
fendants, or their counsel or solicitors, as the case may be],
and having been assisted by [state names and descriptions
of assessors, if any], pronounced in favour of the plaintiffs
[or defendants] and condemned the defendants [or plain-
tiffs] and their bail [if bail has been given] in the amount
to be found due to the plaintiffs [or defendants] [and in
costs]. And the court ordered that an account should be
taken, and referred the same to the Registrar [assisted by
merchants] to report the amount due, and ordered that all'
accounts and vouchers, with the proofs in support thereof,
should be filed withindays [or as the case may be].
Feb. 5 E.F. filed statement of claim, with accounts and vouchers
in support thereof [numbered 1 to ], and affidavits
of [state names of deponents, if any].
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 service Here insert address for service
of documents required to be of documents required to be
served on the plaintiffs. served on the defendants.
NOTE-The above minutes are given as such as might ordinarily be required in an
action in rem for damage by collision, where pleadings have been ordered.
In some actions many' of these minutes would be superfluous. In others
additional minutes tvould be required.
TABLE OF 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 subpcena) 10.00
2................................Filing a bail-bond 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. Bailifl executing any other commission or instrument
or any warrant or attachment ....2.50
$ c.
9. On the gross proceeds of any ship or goods, etc., sold
by order of the court (to be deducted from the
proceeds in court) if not exceeding $1,000 10.00
10. For every additional $1,000 or part thereof 5.00
11. For every matter or proceeding not above 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 the From
examination of witnesses, or at the trial of an action, or at $10.00
the bearing of an appeal, or upon any assessment of
damages or taking of an account, according to the case, to
per diem. $50.00
NOTE-The above fees shall be Paid to the Registrar for the assessors in cash and
in the firRt instance by the party Preferring that claim or, in the case of
an appeal, by the appellant.
SUITORS' FUNDS RULES.
(Cap., 4, section 38).
(Ordinance No. 3 Of 1873).
[14th Sept., 192S.]
Operation and interpretation.
1. These rules may be cited as the Suitors' Funds
Rules.
2. In these rules-
'Accountant' means the Accountant, Supreme Court;
dicotirt' means the Supreme Court;
'funds' or 'funds in court' means any money or securities
or movable property or any part thereof standing in or
to be placed to the Registrar's account and includes boxes
and other effects;
'ledger credit' means the title of the cause or matter and
the separate account (if any) opened or to be opened
under an order or otherwise in the books of the Registrar
to which any funds are credited or to be credited;
Ord, 6 of 1896, s.2, Schedule. Interpretation. Kinds of action. Action for condemnation of ship, etc. Number and title of action. Appendix Forms 1,2,3. Indorsement, teste, and form of writ. Appendix Forms 4,5,6,7. Indorsement in certain actions. 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 8. Filing of appearance after time. Indorsement on appearance of set-off or counterclaim. Particulars of appearance. Appendix Forms 9,10. Joinder of parties having same interests. Power to order person interested to come in. Case of underwriter, etc. Terms in case of person coming in. Cases for consolidation. Consolidation for trial, etc, Warrant for arrest of property and affidavit to lead warrant. Appendix. Form 11. Substance of affidavit. Particulars of affidavit in certain actions. Production of bottomry bond in action for bottomry. Issue of warrant notwith standing certain defects. Preparation, etc., of warrant. Appendix. Form 12. Mode of service of warrant. Service on holidays. Filing of warrant, Certificate of service, Appendix, Form 13. Mode of giving bail. Preparation etc., of bailbond Appendix Forms 14,15. Signing by surety. Justifying by surety. Justifying by surety. Commission to take bail, etc. Commissioner not to be interested, Notice of bail to adverse party. Appendix Form 16. Objection to surety. Appendix Forms 17,18,19. Issue of release by the court. Cases in which release may be issued by Register. Release in case of arrest for salvage. Refusal of Registrar to issue release, Preparation, etc., of release. Appendix Form 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 counterclaim. Form of pleading. Appendix Form 21. Setting out document. Application to decide question of fact or of law. Amendment of pleading. Statement of question at issue in special case. direction for special case, etc. Form of special case. Signing and filing of special case. Filing of notice of motion and affidavits. Form of notice of motion. Appendix Form 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 23 and 24. Suspension of proceedings pending acceptance or rejection. Taking of evidence by shorthand writer. Printing of pleadings and proofs. Printing of preliminary acts. Appointment of assessors. Fees of assessors. Mode of setting down. Appendix. Form 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 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 for bail for costs. Costs in case of tender. Filing of bill and notice of taxation. Proceeding with taxation. Application for review of taxation. Taxing authorities. Costs of taxation in certain case. Order for appraisement or sale. Order for sale forthwith. Sale of property of small value. Removal of property, etc. Commission for appraisement, etc. appendix. Forms 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 33. Discontinuance by plaintiff and consequences thereof. Appendix. Forms 34, 35. Filing and effect of consent. Notice of motion for appeal. Service of notice. Calling in and fees of assessors. Powers and duties of the Full Court. Decision of the Full Court. Position of respondent as regards variation of decision. Time for appeal. Effect of appeal on proceedings. Filing of notice of appeal and giving of bail for costs. Appendix Form 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 37. Caveat to prevent arrest of property. Appendix. Forms 38, 39. Caveat to prevent payment of money out of court. Appendix. Forms 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 payment. Duration of caveat. Withdrawal and overruling of caveat. Appendix. Form 44. Order for payment to party entitled. appendix. Form 45. Attachment for dis-obedience of order or contempt. Committal of person attached. Appendix Forms 47, 48. Execution of instrument issued form the court. Preparation and issue of instrument. Date of document. Time for service of document. Instructions of execution of instrument. Mode of giving notice from Registry. Mode of filing document. Appendix. Form 49. Filing of several documents. Certificate of service of copy upon adverse party. Keeping and particulars of minute book. Appendix Forms 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. Table of court fees. Appendix. Mode of payment of court fees. Appendix. Fees of assessors. Appendix. Allowance of fees on taxation. Half fees. Regulation of practice and procedure outside the rules. [cf. Rule 6.] [cf. Rule 6.] [cf. Rule 6.] Regulations-Fraser, vol. 1, p. 153.
Abstract
Ord, 6 of 1896, s.2, Schedule. Interpretation. Kinds of action. Action for condemnation of ship, etc. Number and title of action. Appendix Forms 1,2,3. Indorsement, teste, and form of writ. Appendix Forms 4,5,6,7. Indorsement in certain actions. 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 8. Filing of appearance after time. Indorsement on appearance of set-off or counterclaim. Particulars of appearance. Appendix Forms 9,10. Joinder of parties having same interests. Power to order person interested to come in. Case of underwriter, etc. Terms in case of person coming in. Cases for consolidation. Consolidation for trial, etc, Warrant for arrest of property and affidavit to lead warrant. Appendix. Form 11. Substance of affidavit. Particulars of affidavit in certain actions. Production of bottomry bond in action for bottomry. Issue of warrant notwith standing certain defects. Preparation, etc., of warrant. Appendix. Form 12. Mode of service of warrant. Service on holidays. Filing of warrant, Certificate of service, Appendix, Form 13. Mode of giving bail. Preparation etc., of bailbond Appendix Forms 14,15. Signing by surety. Justifying by surety. Justifying by surety. Commission to take bail, etc. Commissioner not to be interested, Notice of bail to adverse party. Appendix Form 16. Objection to surety. Appendix Forms 17,18,19. Issue of release by the court. Cases in which release may be issued by Register. Release in case of arrest for salvage. Refusal of Registrar to issue release, Preparation, etc., of release. Appendix Form 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 counterclaim. Form of pleading. Appendix Form 21. Setting out document. Application to decide question of fact or of law. Amendment of pleading. Statement of question at issue in special case. direction for special case, etc. Form of special case. Signing and filing of special case. Filing of notice of motion and affidavits. Form of notice of motion. Appendix Form 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 23 and 24. Suspension of proceedings pending acceptance or rejection. Taking of evidence by shorthand writer. Printing of pleadings and proofs. Printing of preliminary acts. Appointment of assessors. Fees of assessors. Mode of setting down. Appendix. Form 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 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 for bail for costs. Costs in case of tender. Filing of bill and notice of taxation. Proceeding with taxation. Application for review of taxation. Taxing authorities. Costs of taxation in certain case. Order for appraisement or sale. Order for sale forthwith. Sale of property of small value. Removal of property, etc. Commission for appraisement, etc. appendix. Forms 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 33. Discontinuance by plaintiff and consequences thereof. Appendix. Forms 34, 35. Filing and effect of consent. Notice of motion for appeal. Service of notice. Calling in and fees of assessors. Powers and duties of the Full Court. Decision of the Full Court. Position of respondent as regards variation of decision. Time for appeal. Effect of appeal on proceedings. Filing of notice of appeal and giving of bail for costs. Appendix Form 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 37. Caveat to prevent arrest of property. Appendix. Forms 38, 39. Caveat to prevent payment of money out of court. Appendix. Forms 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 payment. Duration of caveat. Withdrawal and overruling of caveat. Appendix. Form 44. Order for payment to party entitled. appendix. Form 45. Attachment for dis-obedience of order or contempt. Committal of person attached. Appendix Forms 47, 48. Execution of instrument issued form the court. Preparation and issue of instrument. Date of document. Time for service of document. Instructions of execution of instrument. Mode of giving notice from Registry. Mode of filing document. Appendix. Form 49. Filing of several documents. Certificate of service of copy upon adverse party. Keeping and particulars of minute book. Appendix Forms 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. Table of court fees. Appendix. Mode of payment of court fees. Appendix. Fees of assessors. Appendix. Allowance of fees on taxation. Half fees. Regulation of practice and procedure outside the rules. [cf. Rule 6.] [cf. Rule 6.] [cf. Rule 6.] Regulations-Fraser, vol. 1, p. 153.
Identifier
https://oelawhk.lib.hku.hk/items/show/1646
Edition
1950
Volume
v7
Subsequent Cap No.
4
Number of Pages
75
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SUPREME COURT (ADMIRALTY PROCEDURE) RULES,” Historical Laws of Hong Kong Online, accessed April 29, 2025, https://oelawhk.lib.hku.hk/items/show/1646.
