LEGAL PROCEEDINGS AGAINST ENEMIES ORDINANCE

LEGAL PROCEEDINGS AGAINST ENEMIES ORDINANCE

CHAPTER 187.

LEGAL PROCEEDINGS AGAINST ENEMIES.

To facilitate legal proceedings against enemies in certain
cases.
[5th October, 1917.]

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

2. In this Ordinance-
'British subject' includes a corporation incorporated in
His Majesty's dominions;
'enemy' means any person or body of persons of what-
ever nationality resident or carrying on business in
enemy territory, but does not include persons of enemy
nationality who are neither resident nor carrying on
business in enemy territory;
'enemy territory' means any area which is under the
sovereignty of, or in the occupation of, a power with
whom His Majesty is at war, not being an area in the
occupation of His Majesty or of a power allied with
His Majesty;
'outbreak of war' shall, as respects any enemy, be
construed as referring to the date of the outbreak of
war between His Majesty and the power exercising
sovereignty over, or occupying, the territory in which
the enemy is resident or carrying on business;
'war' means any war between His Majesty aiid any foreign
state.

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





or otherwise; and on that order being complied with, all
proceedings may be taken on the claim as if the writ had
been served on the enemy defendant by the usual means.

(2) The Chief justice may make such rules as he
thinks fit for expediting proceedings and regulating
procedure generally in a case where an enemy service order
has been made and the enemy defendant does not appear;
and any rules so made shall have effect as if they were
included in the rules of court for the time being in force.

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

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

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

(6) This section applies to cases where-
(a)the plaintiff is a British subject and is entitled for
the time being to bring an action in the Supreme
Court; and
(b)the defendant or one of the defendants is an
enemy; and
(c)the writ is indorsed only with a claim for a declara-
tion as to the effect of the war on rights or liabilities
of the plaintiff or defendant under a contract entered
into before the outbreak thereof; and
(d) there is written evidence of the contract.





4. Nothing in this Ordinance shall prejudice or
interfere with any powers of the court to give leave to issue
a writ of summons or to adjourn, postpone or otherwise
deal with any proceedings on any claim against an enemy,
and the court may, if it appears in any proceedings in a
case where an enemy service order has been made that for
any reason the case cannot properly be dealt with under
this Ordinance, dismiss the case, without prejudice to any
subsequent proceedings in the same matter.
Originally 22 of 1917. Fraser 22 of 1917. Short title. 5 & 6 Geo. 5, c. 36, s. 5. Interpretation. 5 & 6 Geo. 5, c. 36, s. 2. Provision with respect to writs issued against enemy in certain cases. 5 & 6 Geo. 5, c. 36, s. 1. Saving. 5 & 6 Geo. 5, c. 36, s. 3.

Originally 22 of 1917. Fraser 22 of 1917. Short title. 5 & 6 Geo. 5, c. 36, s. 5. Interpretation. 5 & 6 Geo. 5, c. 36, s. 2. Provision with respect to writs issued against enemy in certain cases. 5 & 6 Geo. 5, c. 36, s. 1. Saving. 5 & 6 Geo. 5, c. 36, s. 3.

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