SUPREME COURT (ADMIRALTY PROCEDURE) ORDINANCE, 1896

SUPREME COURT (ADMIRALTY PROCEDURE) ORDINANCE, 1896

ORDINANCE No. 6 OF 1896.

Supreme Court (Admiralty Procedure)

AN ORDINANCE to regulate the Admiralty Procedure of the
Supreme Court.
[1st September,1896.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:- 1.This Ordinance may be cited as the Supreme Court (Admiralty
Procedure) Ordinance,1896.
2.From and after the 1st day of September,1896,the Rules made
in pursuance of an Act of Parliament passed in the 26th year of the
resign of Her Majesty youching the practice to be observed in the Vice-
Admiralty Courts and established by the Queen's Order-in-Council of
the 23rd day of August,1883,shall,as regards all actions commenced
on and after the said day,cease to have operation as Rules of Court in
the Admiralty Jurisdiction of the Supreme Court of Hongkong,and,in
lieu of the said Rules,the Rules contained in the Schedule to this
Ordinance shall apply to all actions commenced in the Admiralty Juris-
diction of the said Supreme Court on and after 1st day of
Septemeber,1896.
SCHEDULE.
HONGKONG.
RULES OF PROCEDURE
FOR THE
ADMIRALTY JURISDICTION OF THE SUPREME COURT.
1.In the construction of these Rules,and of the Forms and Tables of Fees
annexed thereto,the following terms shall(or not inconsistent with the con-
text or subject-matter) have the respective meanings hereinafter assigned to
them;that is to say,-
'The Court' means the Supreme Court of Hongkong and includes any
Judge thereof,whether sitting in Court or in Chambers:
'The Registry' means the Registry of the COurt:
'The Registrar' menas the Registrar of the Court or any Deputy
Registrar thereof:
'Action ' means any action,cause,suit,or other proceeding instituted
in the Court:
'Plaintiff' includes the plaintiff's solicaitor,if he sues by a solicitor:
'Defendant' includes the defendant's solicaitor,if he appears by a
solicitor:
'Party' includes the party's solicitor,if he sues or appears by a
solicitor:
'Ship' includes every description of vessel used in navigation not pro-
pelled by oars only:
'Month' means calendar month.
Actions.
2.Actions shall be of two kind,actions in rem and actions in personam.
3.Actions for condemnation of any ship,boat,cargo,proceeds,slaves,or
effects,or for recovery of any pecuniary forfeiture or penalty,shall be
instituted in the name of the Crown. 4.All actions shall be numbered in the order in which they are instituted,
and the number given to any action shall be the distinguishing number of
the action,and shall be written or printed on all documents in the action as
part of the title thereof.Forms of the title of an action will be found in the
Appendix hereto,Forms Nos.1,2,and 3.
Writ of Summons.
5.Every action shall be commenced by a writ of summons,which,before
being issued,shall be indorsed with a statement of the nature of the claims,
and of the relief or remedy required,and of the amount claimed,if any.
Such writ whereon the same is sued out.Forms of the writ of summons and
of the indorsements thereon will be found in the Appendix hereto,Forms
Nos.4,5,6,and 7.
6.In an action for seaman's master's wages,or for master's wages and
discursements,or for necessaries,or for bottomry,or in any action in which
the plaintiff desires on 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 within the Colony,to be called an address
for service,not more than three miles from the Registry ,at which it shall be
sufficient to leave all documents required to served upon him.
8.The writ of summons shall be prepared and indorsed by the plaintiff,
and shall be issued under the Seal of the Court,and a copy of the writ and of
all the indorsements thereon,signed by the plaintiff,shall be left in the
Registry at the time of sealing the writ.
9.The writ 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-
(1.)upon ship,or upon cargo,freight,or other property,if the cargo or
other property is on board a ship,by attaching the writ for a short
time to the mainmast or the single mast,or to some other conspicuous
part of the ship,and by leaving a copy of the writ attached thereto;
(2.)upon cargo mfreight,or other property,if the cargo or other property
is not on board a ship,by attaching the writ for a short time to such
cargo or property,and by leaving a copy of the writ attached thereto;
(3.)upon feight in the hands of any person,by showing the writ to him
and by leaving with him a copy thereof;and
(4.)upon proceeds in Court,by showing the writ to the Registrar and by
leaving with him a copy thereof.
11.If access cannot be obtained to the property upon which it is to be
served,the writ may be served by showing it to any person appearing to be
in charge of such property,and by leaving with him a copy of the writ. 12.In an action in personam,the writ of simmons shall be served by
showing it to the defendant,and by leaving with him a copy of the writ.
13.A writ of summons against a firm may be served upon any member of
the firm or upon any person appearing at the time of service to have the
management of the business of the firm.
14.A writ of summons against a corporation or a public company may be
served in the mode provided by law for service of any other writ or legal
process upon such corporation or company.
15.If the person to be served is under disability,or if for any cause
personal service cannot,or cannot promtly,be effected,or if in any action,
whether in rem or in personam,there is any doubt or difficult as to the
person to be served or as to the mode of service,the Court may order upon
whom or in nwhat manner service is to be made,or may notice to be
given in leiu of service.
16.The writ of summons,whether in rem or in personam,may be served
by the plaintiff or his agent within six months from the date thereof,and
shall,after service,be filed with a certificate of service indorsed thereon.
17.The certificate shall state the date and mode of service,and shall be
signed by the person who served the writ.A from of certificate of service
will be found in trhe Appenidx hereto,Form No.8.
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 permission of the Court,appear at any time,
on such terms as the Court may order.
20.If the party appearing has a set-off or counterclaim against the plaintiff,
he may indorse on his appearance a statement of the nature thereof,and of
the relief or remedy required,and of the amount,if any,of the set-off or
counterclaim.But if,in the opinion of the urt,such set-off or counter-
claim cannot be 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 an
address for service,not more than three miles from the Registry,at which it
shall be sufficient to leave all documents required to be served upon him.
Forms of the appearance and of indorsement of set-off or counterclaim will be
found in the Appendix hereto,Forms Nos. 9 and 10.
Parties.
22.Any number of persons having interests of the same nature arising out
of the same matter may be jointed inthe same action,whether as plaintiffs or
as defendants. 23.The Court may order any person who is interested in the action,though
not named in the writ of summons,to come in either as plaintiff or as
defendant.
24.For the purposes of the last preceding Rule,and underwriter or insurer
shall be deemed to be a person interested in the action.
25.The Court may order on what terms any person shall come in,and
what notices and documents,if any,shall be given to and served upon him,
and may give such further directions in the 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 the evidence on 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.
Warrant.
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,of an affidavit being filed,as prescribed by the following Rules.
A form of affidavit to lead warrant will be found in the Appendix hereto,
Form No. 11.
29.The addidavit shall state the nature of the claim,and that the aid of the
Court is required.
30.-(1.)In an action for wages the affidavit shall also state the national
character of the ship,and,if the ship is foreign,that notice of the action has
been served upon a consular officer of the State to which the ship belongs,if
there is one resident in the Colony.
(2.)In 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 negligence or
misconduct of,or for any breach of duty or breach of contract on the part of,
the owner,master,or crew of the ship,the affidavit shall also state the
national character of the ship,and that,to the best of the deponent's belief,
no owner or part owner of the ship was domiciled in the Colony at the time
of the institution of the action.
(3.)In anactionbetween 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 owner by the party
proceeding.
3.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 inspec- tion and persual of the Registrar,and a copy of the bond,or of the translation
thereof,certified to be correct,shall be annexed to the affidavit.
32.The Registrar may,if he thinks fit,issue a warrant although the
affidavit does not contain all the prescribed 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 sigend by
the Registrar,and issued under the Seal of the Court.A form of warrant
will be found in the Appendix hereto,Form No.12.
34.The warrant shall be served by the Bailiff or his officer in the manner
prescribed by these Rules for the service of a writ of summons in an aciton
in rem,and thereupon the property shall be deemed to be arrested.
35.The warrant may be served on Sunday,Good Friday,or Christmas
Day,as well as on any other day.
36.The warrant shall be filed by the Bailiff within one weel after service
thereof has been completed,with a certificate of service indorsed thereon.
37.The certificate shall state by whom the warrant has been served,and
the date and mode of service,and shall be signed by the Bailiff.A form of
certificate of service will be found in the Appendix hereto,Form No.13.
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 hte
Court,in special cause shown,orders that one surety shall suffice.
39.Every bail bond shall be prepared in the Registry,and shall be signed
before a Registrar,or by his discretion before a clerk in the Registry,or before
a commissioner appointed by the Court to take bail.Forms of bail bond and
commission to take bail will be found in the Appendix hereto,Forms Nos.14
and 15.
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 comission to take bail and the affidavits 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 comissioner.
43.No commissioner shall be entitled to take bail in any action in which
he,or any person in partnership with him,is action 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 sevrice shall be indorsed on the bond by the
party filing it.A form of notice of bail will be found in the Appendix
hereto,Form No.16.
45.If the adverse party is not satisfied with the sufficiency of any surety,
he may file a notice objecting to such surety or requiring him to justify ,if he
has not already done so.Forms of notice to justify,of affidavit of justifica-
tion,and of notice of objecting to bail will be found in the Appendix hereto,
Forms Nos.17,18,and 19.
Release.
46.A release for property 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 cavest
substanding against the release of the property,-
(1.)on payment into Court of the amount claimed,or of the appraised
value of the property arrested,or ,where cargo is arrested for feight only,
of the amount of the feight verfied by affidavit:
(2.)on one or mor ebail bonds being filed for the amount claimed or for
the appraised value of the property arrested;and on proof that twenty-
four hours' notice of the names and addresses of the sureties has been
previously served upon the party at whose instance the property has been
arrested:
(3.)on the appplication of the party at whose instance the property has been
arrested:
(4.)on a consent in writing being filed,signed by the party at whose in-
instance the property has been arrested:
(5.)on discontinuance or dismissal of the action in which the property has
been arrested.
48.Where property has been for salvage,the release shall not be
issued under the last preceding Rule,except on discontinuance or dismissal of
the action,until the value of the property arrested has been upon be-
tween the parties or determined by the Court.
49.The Registrar may refuse to issue a release without the order the
Court.
50.The release shall be prepared in the Registry,and shall be signed by
the Registrar,and issued under the Seal of the Court.A form of release will
be found in the Appendiz hereto,Form No.20.
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 service of the release and on payment to the Bailiff of all fees due
to and change incurred by him in respect of the arrest and custody of the
property,the property 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 beign entered,file a preliminary act,sealed up,signed by
the party,and containing a statement of the following particulars:-
(1.)the names of the ships which came into collision,and the names of
their masters; (2.)the time of the collision;
(3.)the place of the collision;
(4.)the direction and force of the wind;
(5.)the state of the weather;
(6.)the state and force of the tide;
(7.)the course and speed of the ship when the pther was first seen;
(8.)the lights,if any,carried by her;
(9.)the distance and bearing of the otehr ship when first seen;
(10.)the lights,if any,of the other ship which were first seen;
(11.)the lights,if any,of the other ship,other than those first seen,which
came into view before the collision;
(12.)the measures which were taken ,and when,to avoid the collision;
(13.)the parts of each ship which first came into collision;and
(14.)what fault or default,if any,is attributed to the otehr ship.
Pleadings.
54.Every action shall be heard without pleadings,unless tje Court other-
wise orders.
55.If an order is made for pleadings,the plaintiff shall,within one
week from the sate of the order,file his petition,and,within one week from
the filing of the petition,the defendant shall file his answer,and,within one
week from the filing of the answer,the plaintiff shal 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 Court,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 paragraphs,numbered con-
secutively,which shall state concisely the facts on wchih teh party relies,
and shall be signed by the party filing at.Forms of pleadings will be found
in the Appendix hereto,Form No.21.
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 there-
upon make such order as may seem fit.
60.Any pleading may at any time be amended ,either by consent of the
parties or by order of the Court.
Special Case.
61.Parties may agree to state the questions at issue for the opinion of
the Court in the form of a special case.
62.If it apears to the Court that there is in any aciton a quesion 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 case shall be divided into paragraphs,numbered con-
secutively,and shall state concisely such facts and documents as may be
necessary to enable the Court to decide the quesiton at issue.
64.Every special case shall be signed by the parties,and may be filed by
any party.
Motions.
65.A party desiring to obtain an order from the Court shall file a notice
of motion,with the affidavits,if any,on which he intends to reply.
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.A
form of notice of motion will be found in the Appendix hereto,Form No.22.
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 gearing the
parties or,in the absence of any of them,on proof that the notic eof motion
has been duly served,may make such order as to the Court may seem fit.
69.The Court,on due cause shown,vary or rescind any order pre-
viously 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.Forms of notice of
tender and of notice accepting or rejecting it will be found in the Appendix
hereto,Forms Nos. 23 and 24.
72.Pending the acceptance or rejection of a tender,the proceeding 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 and writer,who shal have been previously sworn faithfully to report
the evidence;and a transcript of the shorthand writer's notive,certified by
him to be correct and approved by the Judge,Registrar,or Commissioner,
as the case may be,shall be lodged in or transmitted to the Registry as the
certified evidence of such witnesses.
Printing.
74.The Court may order that the whole of the pleadings and written prrofs,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 requres 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.A
form of notice of trial will be found in the Appendix hereto,Form No. 25.
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,-
(1.)in an action in personam or an action against proveeds in Court,after
the expiration of two weeks from the service of the writ of summons;and,
(2.)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 has been made for pleading;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 a claim ot have
an account taken,or the liability has been admitted or determined,and the
question is simply as to the amount due,the Court may,on the application
of either party,fix a time within which the accounts and vouches,and the
proofs in support thereof,shall be filed,and,at the expiration of that time,
either party may have the matter set down for trial.
Trial.
82.After the aciton 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
at which plaintiff or which defendant shall begin.
85.The party beginning shall first address the Court,and then produce
a 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
by direct,and shall have the right to reply,but shall not produce further
evidence,except by permission of the Court.
86.Only one counsel shall in general be heard on each side;but the
Court,if it considers that the nature of the case requires it,may allow two
counsel to be heard on each side.
87.If the action is uncontested,the COurt may give judgement on the
evidence adduced by the plaintiff.
Reference.
88.The Court may,in its discretion,refer the assessment of damages and
be taking of any account to the Registrar,eitehr 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
occurred shall not be allowed on taxation unless the Registrar cerrtifies that
be attendance of counsel was necessary.
91.When a reference has been heard,the Registrar shall draw up a
export in writing of the result,showing the amount,if any,found due,and
be whom, together with any further particulars that may be necessary.A
term of report will be found in the Appendix hereto,Form No. 26.
92.Within two weeks from the filing of the report,either party may file
a notice of motion to vary the report,specifying the items objected to.
94.At the hearing of the motion,the Court may make such order thereon
as may seem fit,or may remit the matter to the Registrar for further inquiry
report.
95.If no notice of motion to vary the report is filed within two weeks
from the filing of the report,the report shall stand confirmed.
Costs.
96.Subject to the provisions of these Rules,the costs of the whole action,
and of wach particular proceeding therein,and of every proceeding before the
Court shall be in the disacreiton of the COurt;adn the Court shall have full
power to award and apportion costs in any manner it amy deem proper.
97.Subject to the provisions of these Rules,barristers' and solicaitor
costs shall be allowed on taxation upon the scale that is for the time being
in force in the Original Jurisdiction of the Court.
98.Where the sum in dispute or the value of the res does not exceed one
thousand dolars,half cosrs 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.Whose costs are awarded to a plaintiff the expression 'sum in dis-
pute' shall mean the sum recovery by him in addition to the sum,if any,
counterclaimed from him by the defendant;and whose costs are awarded
to a defendant,it shall mean the sum claimed from time in addition to the
sum,if any,recovery 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 gvie bail for costs.
102.If a tender is rejected,but is afterwards accepted,or is held by the
Court to be sufficient,the pary rejecting the tender shall,unless the Court
otherwise orders,be condemned in the costs incurred after tender made.
Taxation of Costs.
103.A party desiring to have a bill of costs taxed shall file the bill,and
as soon as conveniently may be,the Registrar shall send to the parties notice
of the time at which the taxation will take place.
104.At the time appointed,if either party is present,the taxation shall
be proceeded with.
105.Within one week from the completion of the taxation,application
may be made to the Court to review the taxation.
106.Costs may be taxed either by the Court or by the Registrar,and as
well between solicitor and clent as netween party and party.
107.If,in a taxation between solicitor and client,more than one-sixth is
struck off,the solictor shall pay all the costs attending the taxation.
Appraisement and Sale,etc.
108.The Court may,either before or after final judgment,order any pro-
perty under the arrest of the Court to be appraised or to be sold with or
without appraisement,and either by public auction or by rpivate contract.
109.If the property id 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 dir-
cection,order it to be sold without a commission of sale being issued. 111.The Court may,ewither before or after final judgment.order any pro-
perty under arrest of the Court to be removed or nay 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.Forms of commissions of appraisement,sale,appraisement and sale,
removal,discharge of cargo,and demolition and sale will be found in the Ap-
pendix hereto,Forms Nos.27 to 32.
113.The commission shall,as soon as possible after its execution,be filed by
the Bailiff,with a return setting forth the manner in which it has been executed.
114.As soon as possible after the execution of a commission of sale,the
Bailiff shall pay into Court the gross proceeds of the sale,and shall,with the
commission,file his accounts and vouches in support thereof.
115.The Registrar shall tax the Bailiff's account,and shall report the
amount at which he considers it should be allowed;and any party who is in-
terested in the proceeds may be heard before the Registrar on the taxation.
116.Application may be made to the Court on motion to review the
Registrar's taxation.
117.The COurt may,in its discretion,order any property under the arrest
of the Court to be inspected.A form of order for inspection will be found
in the Appendix hereto,Form No. 33.
Discontiuance.
118.The plaintiff may at any time discontinue his action,by filing a
notice to that effect,and the defendant shall thereupon be entitled to have
judgment entered for his costs of action,on filing a notice to enter the same.
The discontinuance of an action by the plaintiff shall not prejudice any action
consolidated therewith or any counterclaim previously set up by the defend-
ant.Forms of notice of discontinuance and of notice to enter judgement for
costs will be found in the Appendix hereto,Forms Nos. 34 and 35.
Consents.
119.Any consent in writing signed by the parties may,by permission of
the Registrar,be filed,and shall thereupon become an order of Court.
Appeals to the Full Court.
120.All appeals to the Full Court shall be brought by notice of motion in
summary way.The notice of motion shall state whether the whole or part
of the judgment or order appealed from is complained of,and in the
other case shall specify such part.
121.The notice of appeal shall be served upon all parties directly affected
by the appeal,but the Full Court may direct notice of the appeal to be served upon all or any parties to the action or upon any person not a party,and may
postpone the hearing of the appeal on such terms as may 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 otherwise orders.
123.The Full Court shall have all powers and duties of the Court as to
amendment and otherwise and full discretionary power to receive further
evidence upon questions of fact.
124.The Full Court shall have power to give any judgment and make any
order which ought to have been given or made and to make such further or
other order as the case may require,or to order a new trial,or to make such
order as to the whole or any part of the costs of the proceedings,including
the appeal,as may seem just.
125.It shall not be necessary for a respondent to give notice of motion by
way of cross appeal,but if he intends,on the hearing of the appeal,to apply
for any variation of the decision of the Court below,he shall give notice of
such intention to any parties who may be affected by such application.The
omission to give such notice may be ground for an adjournment of the appeal
or for a special order as to costs.
126.No appeal shall,except by special leave of the Full Court,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 Her Majesty-in-Council.
128.A party desiring ot appeal to Her 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 three hundred pounds,as the Full Court may order,to answer the
costs of the appeal.A form of notice will be found in the Appendix
hereto,Form No. 36.
129.Subject to any order of Her Majetsy-in-Council or of the Judical
Committee of the Privy Council,the Full Court may proceed to carry the
decree or order appealed from into eggect,provided that the party in whose
favour it has been kade gives bail to abide the event of the appeal,and to
answer the costs thereof,in such sum as the Full Court may order.
130.An appellant desiring to prosecute his appeal is to take such steps as
may be required by the practice of the Judical Committee of the Privy
Council.
131.On service of the monition for process,the Registrar shall forthwith
prepare the process at the expense of the party ordering the same.
132.The process,which shall consist of a copy of all the proceedings in the
action,shall be signed by the Registrar and sealed with the Seal of the Court,
and shall be transmitted by the registrar to the Registrar of the Appellate
Court.
Payments into Court.
133.All payments into Court shall be made in accordance with and
subject to the provisions of any Ordinance or Rule of Court for the time
being in force with respect to payments into the Supreme Court,
134.A receipt for the amount shall be filed,and thereupon the payment
into Court shall be deemed to be complete.
Payments out of Court.
135.No money shall be paid out of Court except on an order signed by
a Judge.A form of order for payment out of Court will be found in the
Appendix hereto,Form No. 37.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 for the time being in force with reference to
payment 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 required to do so,to give
bail to any action or counterclaim that may have been or may be brought
against the property,and thereupon the Registrar shall enter a caveat in the
Caveat Warrant Book hereinafter mentioned.Forms of notice and of caveat
warrant will be found in the Appendix herto,Forms Nos. 38 and 39.
137.Any person desiring to prevent the release of any property under
arrest shall file a notice,and thereupon the Registrar shall enter a caveat in
the Caveat Release Book hereinafter mentioned.Forms of notice and of
caveat release will be found in the Appendix hereto,Forms Nos. 40 and 41.
138.Any person desiring to prevent the payment of money out of Court
shall file a notice ,and thereupon the Registrar shall enter a caveat in the
Caveat Release Book hereinafter mentioned.Forms of notice and of caveat
payment will be found in the Appendix hereto,Forms Nos. 42 and 43.
139.If the person entering a caveat is not a party to the action,the
notice shall state his name and address,and an address within three mile of
the Registry,at which it shall be sufficient to leave all documents required to
a 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 time be withdrawn by the person at
whose instance it has been entered,on his filing a notice withdrawing it.A
form of notice of withdrawal will be found in the Appendix hereto,Form No. 44.
(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.)If there is no such money in Court or if it is insufficient,the Court may
order that the party liable shall pay the sum found due or the balance thereof,
as the case may be,within such time as to the Court may seem fit.The party
to whom the sum is due for payment under the Seal of the Court.A form
of order for payment will be found in the Appendix hereto,Form No.45.
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.A form of attachment
will be found in the Appendix hereto,Form No. 46.
146.-(1.)The person attached shall,without delay,be brought before the
Court,and,if he persists in his disobedience or contempt,the Court may order
him to be committed.Forms of order for committal and of committal will
be found in the Appendix hereto,Forms Nos. 47 and 48.
(2.)The order for committal shall be executed by the Bailiff.
Instruments,etc.
147.The Bailiff shall execute by himself or his officer all instruments issued
from the Court which are addressed to him,and shall make returns thereof.
148.Every warrant,release,commission,attachment,and other instrument
to be executed by any officer of or commissioner acting under the authrity
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 sealing,and shall be deemed to be issued at the time of the sealing
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 from the Registry.
152.Any notice from the Registry may be either left at,or sent by post
to ,the address for service of the 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.A form
of minute on filing any document will be found in the Appendix hereto,
Form No.49.
154.Any number of documents in the same action may be filed with one
and the same minute.
155.No document ,excepr preliminary acts,bail bonds,documents issued
from the Registry,and monites,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
such aciton,and on a page numbered with the number of the action,a record
of the commencement 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.Forms of minute of order of Court,of minute on examination of
witnesses,of minute of decree,and of minutes in an action for damage by
collision will be found in the Appendix hereto,Forms Nos. 50 to 53.
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 the last two preceding Rules,no person shall
be entitled to inspect the records in a pending action without the permission
of the Registrar.
161.In an action which is terminated,any person may,on payment of a
search fee,inspect the records in the aciton.
Copies.
162.Any person entitled to inspect any document in an action shall,on pay-
ment 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 hereto 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 hereto shall be taken in respect of the matters or pro-
cedings therein specified,and in respect of all other matters or proceedings the
Court Fees taken for similar matters or proceedings in the Original Jurisdic-
tion 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
hereto,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 the
fees set forth in the Appendix hereto.
167.All fees paid by a party to whom costs are awarded shall,subject to
the provisions of these Rules,be allowed as costs on taxation.
168.Where the sum in dispute or the value of the res does not exceed one
thousand dollars,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 administration 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 Admiralty Division
of the High Court of Justice of England shall be followed. APPENDIX,
I. FORMS.
FORM No. 1.
TITLE OF ACTION in Rem.
No. [here insert the number of the aciton].
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 collision,wages,
bottomry,etc.,as the case may be].
FORM No. 2.
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 preeding form].
FORM No.3.
TITLE OF ACTION IN THE NAME OF THE CROWN.
No. [insert nember of action].
Our Soverign Lady the Queen
[add,where necessary,in Her 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 No.4.
WRIT OF SUMMONS in Rem.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Here insert title of action].
VICTORIA,by the Grace of God,of the United Kingdom of Great Britain
and Ireland Queen,Defender of the Faith,Emoress of India.
To the Owners and all others interested in the Ship
[her cargo and frieght,etc.,or as the case may be].
WE command you that,within one week after the service of this writ
exclusive of the day of such service,you do cause an appearance to be entered
for you in Our Supreme Court of Hongkong in the above-named action;and
take notice that,in default of your so doing,the said action may proceed,and
judgment may be given in your absence.
Witness the Honourable Chief Justice of Our said
Court,this day of 1.
Sealed by Registrar.
Memorandum to be subscribed on the writ.
This writ may be served within six months from the date thereof,ex-
clusive of the day of such date,but not afterwards.
The Defendant [or Defendants] may appear hereto by entering an
appearance [or appearances],either personally or by solicitor,at the Registry
of the said Court.
FORM No. 5.
WRIT OF SUMMONS in Personam.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Here insert title of action.]
VICTORIA,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,ex-
exclusive of the day of such service,you do cause an appearance to be entered
for you in Our Supreme Court of Hongkong in the above-named action;and
take notice that,in default of your so doing,the said action may proceed,and
judgment may be given in your absence.
Witness the Honourable Chief Justice of Our said
Court,this day of 1.
Sealed by Registrar. Memorandum to be subscribed on the Writ.
This writ may be served six months from the date thereof,exclusive
of the day of such date,but not afterwards.
The Defendant [or Defendants] may appear hereto by entering an
appearance [or appearances],either personally or by solicitor,at the Registry
of the said Court.
FORM No. 6.
INDORSEMENTS TO BE MADE ON THE WRIT BEFORE ISSUE THEREOF.
(1.)The Plaintiff claims [insert description of claim as given in Form No.7].
(2.)This writ was issued by the Plaintiff in person,who resides at [state
Plaintiff's place of residence,with name of street and number of house,if any].
or,
This writ was issued by C.D., of [state place of business] solicitor for the
Plaintiff.
(3.)All documents required to be served upon the Plaintiff in the action
may be left for him at [insert address for service within three miles of
the Registry].
or,
Where the action is in the name of the Crown,
(1.)A.B.,etc., claims [insert description of claim as given in Form No.7.]
(2.)This writ was issued by A.B. [state name and address of person pro-
secuting 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 No.7.
INDORSEMENTS OF CLAIM.
(1.)Damage by Collision:
The Plaintiffs,as owners of the Ship 'Mary,' [her cargo and freight,etc.,
for 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 1; 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
1 , 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 1, from [state where pilotage commenced]
to [state where piltage 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 1.
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 wages and disbursements
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 1.
to 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 1;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 1,
claims against the proceeds of the Ship 'Mary,' the sum of $ as
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-owner,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
1,and granted by C.D., as master of the Ship 'Mary,'
of ,to A.B. at the port of ,claims the equivalent in
Hongkong currency of the sum of against the Ship 'Mary,' [her
cargo and freight ,etc., or as the 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 Her Majesty in Her 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 foefeited to Her 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 and twelve slaves],seized by him on the
day of 1, condemned as forfeited to Her 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 existinf treaties between Great
Britain and Zanzibar [or of the Act 5 Geo.4c. 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
1,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 Her Majesty,for violation
of the Pacific Islanders Protection Actsm1872 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 Her Majesty
for violation of the Foreign Enlistment Act,1870.
(17.)Under Customs Acts:
A.B. claims to have the Ship 'Mary,' [or as the case may be]condemned
as forfeited to Her Majesty for violation of [state Act under which forfeiture
is claimed].
(18.)Recovery of Pecuniary Forfeiture of Penalty:
A.B. claims judgment against the Defendant for penalties for violation of
[state Act or Orinance under which penalties are claimed].
FORM No.8.
CERTIFICATE OF SERVICE TO BE INDORSED ON THE WRIT AFTER SERVICE
THEREOF.
This writ was served by X.Y. [here state the mode in which the service may
effected,whether on the owner,or on the ship,cargo,or freight,etc., as the case\
may be] on the day of 1.
(Signed.)
X.Y.
FORM No.9.
APPEARANCE.
(1.)By Defendant in Person.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I appear in this action.
Dated the day of 1.
(Signed.)
C.D., Defendant.
My address is
My address for service is
APPEARANCE.
(2.)By Solicitor for Defendant.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I appear for C.D., of [insert address of C.D.] in this
action.
Dated the day of 1.
(Signed.)
X.Y.,
Solicitor for C.D.
My place of business is
My address for service if
FORM No.10.
INDORSEMENT OF SET-OFF OR COUNTERCLAIM.
The Defendant [or,if he is one of several Defendants,the Defendant C.D.]
owner of the ship 'Mary,' [or as the case may be] claims from the Plaintiff
[or claims to set off against the Plaintiff's claim]the sum of for [state
the nature of the set-off or counterclaim and the relief or remedy required as
in Form No. 7,mutatis mutandis]; and for costs. FORM No.11.
AFFIDAVIT TO LEAD WARRANT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
I,A.B., [state name and address] make oath and say that I have a claim
against the Ship 'Mary,' for [state nature of claim].
And I further make oath and say that the said claim has not been satisfied,
and that the aid of this Court is required to enforce it.
On the day of 1,the
said A.B., was duly sworn to the truth of this
affidavit at } (Signed.) A.B.
Before me,
E.F., etc.
or,
Where the aciton 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 Her Majesty-
(a.)as having been fitted out for or engaged in the Slave Trade in voilation
of [state Act or Treatyt 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 oathe and say that the aid of this Court is required to
enforce the said claim.
On the day of 1, the
said A.B. was duly sworn to the truth of this
affidavit at } (Signed.) A.B.
Before me,
E.F., etc.
FORM No. 12.
WARRANT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong.
We hereby command you to arrest the Ship [her cargo and
freight ,etc.,or as the case may be],and to keep the same under safe arrest,
until you shall receive further orders from Us. Given at in Our said Court under the Seal thereof,this
day of 1.
Warrant.
Taken out by
(Signed.)
E.F.,
Registrar.
FORM No. 13.
CERTIFICATE OF SERVICE TO BE INDORSED ON THE WARRANT AFTER
SERVICE THEREOF.
This warrant was served by [state by whom and in what made service was
effected]on day ,the day of 1.
(Signed.)
G.H.,
Bailiff.
FORM No. 14.
BAIL BOND.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Know all men by these presents that we[insert names,addresses,and
descriptions of the sureties in full]hereby jointly and severally submit our-
selves to the jurisdiction of the said Court,and consent that if the said
[insert name of party for whom bail is to be given,and state whether Plaintiff
or Defendant,]shall not pay what may be adjudged against him in th above-
named action,with costs [or,for costs,if bail is to be given only for costs],
execution may issue against us,our heirs,executors,and administrators,
goods and chattels,for a sum not exceeding [state sum in letters] dollars.
This Bail Bond was signed by the
said and
the
sureties,the day of 1,
in the Registry of the Supreme Court
of Hongkong[or as the case may be].}Signature of Sureties.
Before me,
E.F.,
Registrar.
[or Deputy Registrar,or Commissioner to
take Bail,as the case may be.]

FORM No. 15.
COMMISSION TO TAKE BAIL.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,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
as the said action:
We therefore hereby authorize you to take such bail on behalf of the said
from two sufficient sureties,upon the bail bond hereto an-
nexed,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 1.
(Signed.)
E.F.,
Registrar.
Commission to take Bail.
Taken out by
Form of Oath to be administered to each Surety.
You swear that the contents of the affidavit,to which you have subscribed
your name,are true.
So help you GOD.
FORM No.16.
NOTICE OF BAIL.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I tender the under-mentioned persons as bail on behalf of
[state name,address,and description of party for whom bail is to be given
and whether Plaintiff or Defendant]in the sum of [statesum in letters
and figures]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.
(1.) (1.)
(2.) (2.)
Dated the day of 1.
(Signed.)
X.Y.
FORM No. 17.
NOTICE TO JUSTIFY.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I require [state name,address,and description of surety
or sureties required to justify] to justify by affidavit his[or their]sufficiency
as a surety [or sureties] in the above-named action.
Dated the day of 1.
(Signed.)
A.B.
FORM No.18.
AFFIDAVIT OF JUSTICATION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Actoin.]
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
1,the said
was duly sworn to the truth of this
affidavit at
Before me,
E.F.,
Registrar.
[or Commissioner,as the case may be.]} Signature of Surety.
FORM No.19.
NOTICE OF OBJECTION TO BAIL.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I object to the bail proposed to be given by [state name,
address,and description of surety or sureties object to]in the above-named
action.
Dated the day of 1.
(Signed.)
A.B. FORM No.20.
RELEASE.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong,greeting.
Whereas by Our warrant issued in the above-named action on the
day of 1,We did command you to arrest [state name and
nature of property arrested] and to keep the same under safe arrest until
you should receive further orders from Us:We do hereby command you to
release the said [state name and nature of property to be released] from the
incurred by you in respect of the arrest and custody thereof.
Given at ,in Our said Court,under the Seal thereof,this
day of 1.
Release.
Taken out by
(Signed.)
E.F.,
Registrar.
FORM No.21.
PLEADINGS.
(1.)In an Action for Damage by Collision:
a. ('The Atlantic.')
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18
1.Shortly before 7 p.m. on the 31st January,1878,the brig 'Anthes,'
of 234 tons register,of which the Plaintiff George De Garis,was then
owner,whilst on a voyage from Cardiff to Granville,in France,laden with
,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 that time was about E.N.E., a moderate breeze,the weather
was fine,but slightly hazy,and ther tide was about slack water,and of title
force.The 'Anthes' was sailing under all plain sail,close hauled on the
port tack,heading about S.E. and proceeding through the water at the rate
of about five knots per hour.Her proper regulation side sailing lights
were duly placed and exhibited and burning brightly,and a good look-out
was being kept on board of her. 3.At that time those on board the 'Anthes' observed the red light of
a sailing vessel,which proved to be the 'Atlantic,' at the distance of
from one mile and a half to two miles from the 'Anthes,' and bearing above
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
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,
the 'Atlantic,' although loudly hailed from the 'Anthes,' ran against and
with her stem and starboard bow struck the starboard 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 neglected to take in the
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 thereom,were
occasioned by the neglient and improper navigation of those on board the
'Atlantic.'
The Plaintiff claims-
1.A declaration that he is entitled to the damage proceeded for.
2.The condemnation of the Defendants [and their bail] in such damage
and in costs.
3.To have an account taken of such damage,with the assistance of
merchants.
4.Such further or other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
A.B.,
Plaintiff.
ANSWER AND COUNTERCLAIM.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
1.The Defendants are the owners of the Swedish barque 'Atlantic,' of
988 tons register,carrying a crew of nineteen hands all told,and,at the time
of the circumtances hereinafter stated,bound on a voyage to Cardiff.
2.A little before 6.30 p.m. of the 31 st January,1878,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 top-
sail,main tophgallant sail,and jib,was heading about W.S.W., making
five to six knots an hour,with her regulation lights dult exhibited and burn-
ing,and a good look-out being kept on board her. 3.In there circimstances,the red lights of two vessels were observed pretty
alose together,about half a mile off,and from two to three points on the star-
board 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 dan-
ger 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 'Anlantic'
and shortly afterwards sank,her master and four of her crew being saved by
the 'Anlantic.'
4.Save as hereinbefore admitted ,the several statements in the Prtition
are denied.
5.The 'Anthes' was not kept on her course as required by law.
6.The helm of the 'Anthes' was improperlty 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 neglience of the Plaintiff
or of those on board the 'Anthes.'
8.The collision was not caused or contributed to by the Defendants,or by
any of those on board the 'Atlantic.'
And by way of Counterclaim the Defendants say-
They have suffered great damage by reason of the collision.
And they claim as follows:-
1.Judgment against the Plaintiff [and his bail] for the damage occa-
sioned to the Defendants by the collision,and for the costs of this
action.
2.To have an account taken of such damage,with the assistance of mer-
chants.
3.Such further and pther relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
C.D.,etc.,
Defendants.
REPLY.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
The Plaintiff denies the several statements contained in the Answer and
Counterclaim,[or admits the several statements contained in paragraphs
and of the Answer and Counterclaim,but denies the otehr statements
contained therein].
Dated the day of 18.
(Signed.)
A.B.,
Plaintiff.
b.('The Julia David.')
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.At about 2 a.m. on the 4th September,1876,the steamship 'Sarpedon,'
of 1,556 tons register and 225 horse power,of which the Plaintiffs were
owners,whilst on a voyage from Shanghai and other ports to London,with
a cargo of tea and other goods,was about 80 miles south-west of Ushant.
2.The wind at such time was about south-west,the weather was a little
hazy and occasionally slightly thick,and the 'Sarpedon' was under steam
and sail,steering north-east,and proceeding at the rate of about ten knots
per hour.Her proper regulation masthead and side lights were duly exhibited
and burning brightly,and a good look-out was being kept.
3.At such time the masthead and red lights of a steam vessel,which
proved to be the above-named vessel 'Julia Davit,' were seen at the distance
of about two miles from and ahead of the 'Sarpedon,' but a little on her
port bow.The helm of the 'Sarpedon' was ported and hard-a-ported,but
the 'Julia Davit' 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 steam struck the 'Sarpedon'
on her poer 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 the 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' did not duly observe and comply with the provisions
of Article 16 of the 'Regulations for Preventing Collision at Sea.'
8.The said collision was occasioned by the improper and negligent navi-
gation of the 'Julia David.'
The Plaintiffs claim-
1.A declaration that they are entitled to the damage proceeded for,and
the condemnation of the said steamship 'Julia David' and the
Defendants therein,and in costs.
2.To have an account taken of such damage,with the assistance of
merchants.
3.Such further and other relief as the nature of the case may requrie.
Dated the day of 18.
(Signed.)
A.B.,etc.,
Plaintiffs. ANSWER AND COUNTERCLAIM.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
1.The Defendants are the owners of the Belgian screw steamship 'Julia
David,' of about 1,274 tons register,and worked by engines of 140 horse
power nominal,with a crew of thirty hands,whcih left Havre on the 2nd
September,1876.with a general cargo,bound to Alicante and other ports in
the Mediterranean.
2.About 2.45 a.m. of the 4th September,1876,the 'Julia David,' in the
course of her said voyage,was in the Bay of Biscay.The weather was thick,
with a drizzling rain and banks of fog,and a stiff breeze blowing from S.S.W.,
with a good deal of sea.The 'Julia David,' under steam alone,was steering
S.S.W. 1/2 W. by bridge steering compass,or S.W. 1/2 W. magnetic,and was
making about five knots an hour.Her regulation lights were duly exhibited
and burning brightly,and a good look-out was being kept on board her.
3.In the circumstances aforesaid,those on board the 'Julia David' saw
the green and masthead lights of a steamship,the 'Sarpedon,' about two
miles off,and about two points on the starboard bow.The 'Julia David'
was kept on her course.But after a short time the 'Sarpedon' opened her
red light and caused danger of collision.The helm of the 'Julia David'
was thereupon put hard-a-port, and her engines stoppeds and almost
immediately reversed full speed,but,nevertheless,the 'Sarpedon' came into
collision with the 'Julia David,' striking with the port side her stem and
port bow,and doing her consideration 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 ir 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 contained in the
Petition are denied.
6.A good look-out was not kept on board the 'Sarpedon.'
7.The helm of the 'Sarpedon' wsa 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 provisions of
Article 16 of the 'Regulations for Preventing Collision 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 tyhe
default of the 'Sarpedon' or those on board her.
11.No blame in respect of the collision is attributable to the 'Julia
David' or to any of those on board her.
And by way of Counterclaim the Defendants say that the collision caused
great damage to the 'Julia David.'
And they claim-
1.The condemnation of the Plaintiffs [and their bail] in the damage
caused to the 'Julia David' and in the costs of this action.
2.To have an account taken of such damage,with the assistance of
merchants.
3.Such further and other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
C.D.,etc.,
Defendants.
REPLY.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
The Plaintiff deny the several statements contained in the Answer and
Counterclaim [or as the case may be].
Dated the day of 18.
(Signed.)
A.B., etc.,
Plaintiffs.
(2.)In an Action for Salvage:
a.(The 'Crosby.')
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
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,1877,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 stuated 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,' out
of the 'Asia's' boats was sent to the 'Crosby,' in charge of the second made of the 'Asia,' and subsequently the master of the 'Crosby,' boarded the
'Asia,' and,at the request 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' and was lashed
to her.
6.The 'Asia' then set on ahead and attempted to tow the 'Crosby'
afloat,and so continued towing without effect until the hawser which belonged
to the 'Asia' broke.
7.The masters of the two vessels being then both agreed in opinion that it
would be necessary to lighten the 'Crosby' before she could be got afloat,it
was arranged that the cargo from the 'Crosby' should be taken on board
the 'Asia.'
8.The 'Asia' was again secured alongside the 'Crosby,' and,the hatches
being taken off,cargo was then discharged from the 'Crosby' into the :Asia,'
and this operation was continued until about 6p.m., by which time about
100 toms of such cargo had been so discharged.
9.When this had been done both vessels used their steam,and the 'Asia'
tried again to get the 'Crosby' off,but without success.The 'Asia' then
towed with a hawser ahead of the 'Crosby,' and succeeded in getting her
afloat,upon which the 'Crosby' steamed to an anchorage and then brought
up.
10.The 'Asia' steamed after the 'Crosby' and again hauled alongside
of her and commenced putting the transshipped cargo again on board the
'Crosby,' and continued doing so until about 6 a.m. of the 30th April,by
which time the operation was completed,and the 'Crosby' and her cargo
being in safety the 'Asia' proceeded on her voyage.
11.By the services of the Plaintiffs the 'Crosby' and her cargo were
rescued fro 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 alongside the
'Crosby,' and she ran risk of also getting aground and of losing her charter,
the blockade of the port of Nikolaev being at the time imminent.
13.The value of the hawser of the 'Asia' broken as herein stated was
$400.
14.The 'Crosby' is an iron screw steam ship 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 [pand their bail] in the salvage
and in costs.
3.Such further and other relief as the case may require.
Dated the day of 18.
(Signed.)
A.B., etc.,
Plaintiffs.
ANSWER.
In the Supreme Court of Hongkong,Admiralty Jurisdiciton.
[Title of Action.]
1.The Defendants admit that the statement of facts contained in the
Petition is substantially correct,except that the re-shipment of the cargo on
board the 'Crosby' was completed by 4a.m. on the 30the April,1877.
2.The Defendants subit to the judgment of the Court to award such a
moderate amount of salvage to the Plaintiffs under the circumstances afore-
said as to the said Court shall seem meet.
Dated the day of 18.
(Signed.)
C.D., etc.,
Defendants.
REPLY.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
The Plaintiffs deny the statement contained in the 1st paragraoh of the
Answer,that the shipment of the cargo was completed by 4 a.m. on the
30th April,1877.
Dated the day of 18.
(Signed.)
A.B.,etc.,
Plaintiffs.
b.(The 'Newcastle.')
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.The 'Emu' is a steam tug belonging to the Whitby Steam Boat Com-
pany,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,1876,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' offereed his services,which were at first de-
clined by the master of the 'Newcastle;' shortly afterwards the kedge
warp broke and the 'Newcastle' swung square upon the land and more upon
the rocks.The master of the 'Newcastle' then asked the master of the
'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 'New-
castle' 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 accordaingly,at the risk of straining his vessel,
be 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
pups he kept the 'Emu' by the 'Newcastle' until she was areast of
Whitby.He then inquired again if any assistance was wanted,and being
told that the 'Newcastle' was all right and would proceed on her voyage,
he steamed the 'Emu' back into Whitby harbour anout 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 seam.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 Newcasle 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 Plaintiffas 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 18.
(Signed.)
A.B.,etc.,
Plaintiffs. ANSWER.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
1.At about 6.45 p.m. on the 22nd July,1876,the iron screw steamship
'Newcastle,' of 211 tons register,propelled by engines of 45 horse power,
and manned by 12 hands,her master included,whilst proceeding on a voyage
from Newcastle to Hull with cargo and passengers,ran aground off Kettle-
ness Point,on the coast of Yorkshire.
2.The tide at this time was the first quarter ebb,the weather was calm,
and the sea was smooth,and the 'Newcastle,' after grounding as aforesaid,
sat upright and lay quite still,heading about E.S.E. Efforts were then
made to get the 'Newcastle' again afloat by working her engines,but it was
found that this could not be done in the then state of the tide.
3.At 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 seaword,and such warp was afterwards hove taut and secured on board
the 'Newcastle,' with the view of its being hove upon when the flood tide
made.Several cobles came to the 'Newcastle' from 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,'
whose 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 'New-
castle also afloat ,and the warp attached to the aforesaid kedge was attempted
to be hove in,but the said warp having parted,the master of the 'Newcastle'
endeavoured ineffectually to make an agreement with the master of the 'Emu'
to assist in getting the 'Newcastle' afloat,and at about 3 a.m. a rope was
given to the 'Emu' from the port bow of the 'Newcaste,' and directions
were given to the 'Emu' to keep the head of the 'Newcastle' to the east-
ward 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 eadtward.This the 'Emu' did and continued to
do until about 4.45 a.m., when the 'Newcastle,' by means of her own engunes,
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' contonuing 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 punps were then worked,and they kept the 'New-
castle' 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 Hum-
ber at about 2.45 p.m. of the same day.
7.During the time aforesaid the master,crew,and passengers of the 'New-
castle' 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 thier costs,and the
Defendants submit that such tender is sufficient.
Dated the day of 18.
(Signed.)
C.D.,etc.,
Defendants.
(3.)In an Action for Distribution of Salvage:
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
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 satis-
faction of their claim for salvage,but the said Defendants have not paid,and
refuse to pay,any part of that sum to the Plaintiffs for their share in the said
salvage services.
The Plaintiffs claim-
1.An equitable share of the said sum of $,to be apportioned
among them as the Court shall think fit,and the costs of this action.
2.Such other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
A.B., etc.,
Plaintiffs. (4.)In an Action for Master's Wages and Distursements:
a.('The Princess.')
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.The Plaintiff,on the 10th Debruary,1877,was appointed by the owner
of the British barque 'Princess,' proceeded against in this aciton,master of
the said barque,and it was agreed between the Plaintiff and the said owner
that the wages of the Plaintiff as master should be $100 per month.
2.The Plaintiff acted as master of the said barque from the said 10th
February until the 25th October,1877,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 promouncing the said sums,amounting in the whole to
$1,200,to be due to him for wages and disbursements,and directing
the said vessel to be sold and the amount due to him to be paid to him
out of the proceeds.
2.Such further and other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
A.B.,
Plaintiff.
b.(The 'Northumbria.')
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.In or about the month of July,1873,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 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 country 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,1875.
3.The 'Northumbria,' after having received divers repairs at Cardiff,
left that port on the 5th November,1875,under the command of the Plain-
tiff 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 reqiored,for any period not exceedign three years,but finally to a
'port of discharge in the Kingdom or Continent of Europe.'
4.The 'Northumbria,'after so leaving Catdiff,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,' wrong-
fully and without reasonable cause discharged the Plaintiff on the 23rd
November from his employment as master,and appointed another person
as master of the 'Northumbria' on the said voyage in the place of the
Plaintiff,and thereby heavy damage and loss have been sustained by the
Plaintiff.
6.The Plaintiff,whilst he acted as master of the 'Northumbria,' earned
his wages at the rate aforesaid;and he also,as such master,made divers
disbursements on account of the 'Northumbria;' and there was due and
owing to the Plaintiff in respect of such his wages and disbursements at the
time of his discharge a balance of $1,080,which sum the Defendants without
sufficient cause have neglected and refused to pay to the Plaintiff.
The Plaintiff claims-
1.Payment of the sum of $1,080,the balance due to the Plaintiff for his
wages and disbursements,with interest thereon.
2.Damages in respect of his wrongful discharge by the Defendants.
3.The condemnation of the Defendants [and their bail] in the amounts
claimed by or found due to the Plaintiff.
4.To have an account taken [with the assidtance of merchants] of the
amount due to the Plaintiff in respect of his said wages and disburse-
ments,and for damages in respect of such wrongful discharge.
5.Such further and other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
A.B.,
Plaintiff.
ANSWER.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
1.The Defendants admit the statements made in the 1st,2nd,3rd,and
4th articles of the Plaintiff's petition.
2.Whilst the 'Northumbria' was upon her voyage in the said 3rd article
mentioned,and before and until she put into Falmouth,as in the said 4th
article mentioned,the Plaintiff was requently under the influence of drink.
3.During the night of the 10th November,1875,and the morning of the
11th November,1875,whilst a violent gale was blowing and the ship was
in danger,the Plaintiff was wholly drunk and was incapable of attending to
his duty as master of the said ship;and in consequence of the condition of
the Plaintiff much damage was done to the said ship,and the said was
almost put ashore.
4.The damage in the 4th article 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 con-
cerning the same,had reasonabla and probable cause to and did discharge the
Plaintiff from his employment as master of the said ship on the 23rd No-
vember,1875.
6.The Plaintiff on the 12th November,1875,whilst the said ship was at
Falmouth,wrongfully and improperly tore out and destroyed certain entries
which had been made by the mate of the said ship in her log-book relating
to the said voyage from Cardiff to Falmouth;and the Plaintiff substitued
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 18.
(Signed.)
C.D.,
E.F.,etc.,
Defendants.
REPLY.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
The Plaintiff denies the several statements contained in the answer [or as
case may be].
Dated the day of 18.
(Signed,)
A.B.,
Plaintiff. (5.)In an Action for Seamen's Wages:
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
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
18,to the day of 18,and during that time
as mate of the said brig earned wages amounting 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 Plaintiff,C.D.,E.F.,and G.H.were engaged as able seamen on
board the said brig,and,having in prusuance 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 sum set forth in the same
schedule,and after giving credit for the sums received by them respectively,
on account of the said wages,there remain due to them the following sums,
namely,-
To C.D. the sum of $
To E.F. $
To G.H. $
3.The Plaintiffs I.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 I.K. the sum of $
To L.M. $
SCHEDULE referred to above.
Wages due to A.B., mate ,from the 18,to the 18
months and days,at $ per month.
Less received on account
Balance due Wages due to C.D., able seamen,from the 18,to the
18,months and days ,at $
per month.
Less received on account
Balance due
[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 18.
(Signed.)
A.B., etc.,
Plaintiffs.
(6.)In an Action for Bottomry:
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.In the month of July,1876,the Italian barque 'Roma Capitale' was
lying in the port of Rangoon in the Pegu Division of British Burman,and
Pietro Ozilia,her master,being in want of funds,was compelled to borroe
on bottomry of the said barque and her freight from the Cassa Marittima di
Genova the sum of 3,478.7s.11d.for the necessary and indispensable
repairs,charges,and supplies of the said vessel in the said port of Rangoon,
and to enable her to prosecute her voyage from Rangoon to Akyab and
thence to
2.Accordingly,by a bond of bottomry dated the 11th day of the said
month of July and duly executed by him,the said Pietro Ozilia,in considera-
tion of the sum of 3,478.7s.11d.lent by the said Cassa Marittima di
Genova upon the said adventure upon the said barque and freight at the
maritime premium of 23 per cent., bound himself and the said barque and the
freight to become payable in respect of the said voyage to pay to the said Cassa
Marittima di Genova,their successors or assigns,the sum of 4,278/ 8s. 7d.
(which included the principal charges and the maritime interest due thereon),
with 30 days after the said barque should arrive at her port of discharge;
and the said bond provided that the said Cassa Marittima di Genova should
take upon themselves the maritime risk of the said voyage.
3.The 'Roma Capital' has since successfully prosecuted her said in-
tented voyage for which the aforesaid bond was granted,and arrived at
as her port of discharge on or about the 30th March,1877. 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 Ganova 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 Hongkong currency of the sum of 4,278.
8s.7d., with interest thereon at the rate of $8 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 18.
(Signed.)
A.B.,etc.,
Plaintiffs.
(7.)In an Action for Mortgage:
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.The above-named brigantine or vessel 'Juniper' is a British ship be-
longing 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,1876,32-64th parts or shares of the said brigantine
were mortgaged by the said Thomas Brock to the Plaintiff,to secure the
payment by the said Thomas Brock to the Plaintiff of the sum of 400,
together with interest thereon at the rate of 5 per cent. per annum on or
before the 1st July,1877.
3.The said mortgage of the 'Juniper' was made by an instrument dated
the 4th July,1876,in the form prescribed by the Merchant Shipping Act,
1854,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 saud Thomas Brock
for payment thereof,cannot obtain payment without the assistance of this
Court. The Plaintiff claims-
1.Judgment for the equivalent in Hongkong currency of the said
principal sum of 400,together with interest and expenses.
2.To have an account taken of the 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 18.
(Signed.)
A.B.,
Plaintiff.
(8.)In an Action between Co-Owners(for Account):
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.The 'Horlock' is a sailing ship of about 40 tons register,trading
between Horlock,who was then sole owner of the above-named ship 'Horlock,'
transferred to Thomas Worraker,of ,32-64th parts or
shares of the ship for the sum of $3,200.
3.By a subsequent bill of sale,duly registered on the 16th December,1876,
the said Thomas Worraker transferred his said 32-64th shares of the ship to
George Wright,the Plaintiff,for the sum of $1,750.
4.The Defendant,John Horlock,has had the entire management and the
command of the said ship from the 11th June,1867,down to the present
time.
5.The Defendant has from time to time ,up to and including the 24th Sep-
tember,1874,rendered accounts of the earnings of the ship to the afore-
mentioned Thomas Worraker,but since te said 24th September,1874,the
Defendant has rendered no accounts of the earnings of the ship.
6.Since the 16th December,1876,the ship has continued to trade between
and,and the Plaintiff has made several appli-
cations 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 con-
sequently desires that she may be sold.
Teh Plaintiff claims-
1.That the Court may direct the sale of the ship 'Horlock.'
2.To have an account taken of the earnings of the said ship,and that the Defendant may be condemned in the amount which shall be found due
to the Plaintiff in respect thereof,and in the costs of this action.
3.Such further or other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
A.B.,
Plaintiff.
ANSWER.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
1.The Defendant denies the statement contained in paragraph 2 of the
petition.
2.The Defendant further says that he never at any time signed any bill of
sale tranbsferring any shares whatever of the said ship 'Horlock' to the said
Thomas Worraker,and further says that,if any ship bill was registered as
alleged on the 11th June in the said 2nd paragraph (which the Defendant
denies),the same was made and registered fraudulently and without the know-
ledge,consent,or authority of the Defendant.
3.The Defendant does not admit the statement contained in the 3rd para-
graph of the petition,and says that if the said Thomas Worraker transferred
any shared of the said ship to the Plaintiff as alleged (which the Defendant
does not admit),he did so wrongfully 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
5 of the petition.
Dated the day of 18.
(Signed.)
C.D.,
Defendant.
REPLY.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
The Plaintiff denies the severals statements on the answer.
Dated the day of 18.
(Signed.)
A.B.,
Plaintiff. (9.) In an Action for Possession:
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.The Plaintiffs are registered owners of 44-64th shares in the British ship
'Native Pearl,' and such share are held by them respectively as follwos:-
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 Plaintiffs is John
Nicholas Richardson,who is the registered owner of the remaining 20-64th
shares of the said ship,and has hitherto acted as managing owner and ship's
husband of the said ship,and has possession of and control over the said ship
and her certificate of registry.
3.The Defendant,the said John Nicholas Richardson,has not managed
the said ship to the satisfaction of the Plaintiffs,and has,by his manage-
ment of her,occasioned great loss to the Plaintiffs;and the Plaintiffs in
consequence thereof,before the commencement of this action,gave notice to
the Defendant to cease acting as managing owner and ship's husband of the
said ship,and revoked his authority in that behalf,and demanded from the
Defendant the possession and control of the said ship and of her certificate
of registry;but the Defendant has refused and still refuses to give possession
of the said ship and certificate to the Plaintiffs,and the Plaintiffs cannot
obtain possession of them without the assistance of this Court.
4.The Defendant has neglected and refused to render proper accounts
relating to the management and earnings of the said ship,and such accounts
are still outstanding and unsettled between the Plaintiffs and the Defendant.
The Plaintiffs claim-
1.Judment giving possession to the Plaintiffs of the said ship and of her
certifcate of regidtry.
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 18.
(Signed.)
A.B.,etc.,
Plaintiffs. (10.)In an Action for Necessaries;
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.The Plaintiffs,at the time of the occurrences hereinafter mentioned,
carried on business at the port of as bonded store and provision
merchants and ship chandlers.
2.The 'Sfactoria' is a Greek ship,and in the months of June,July,
August,and September,1874,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 Septmeber she proceeded on her voyage to
3.The Plaintiffs,at the request and by the direction of the said master,
supplied,during the said months of June,July,August,and September,1874,
stores and other necessaries for the necessary use of the said ship upon the
said then intended voyage to the value of 412.16s.9ds., for which sum
an acceptance was given by the said George Lazzaro to the Plaintiffs;but on
the 4th February,1875,still remains due and unpaid to the Plaintiffs.
4.In the month of August aforesaid the Plaintiffs,at the request of the
said master,advanced to him the sum of 100 for the necessary disburse-
ments of the said ship 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,1875,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,1874,and the commencement of this action,paid various sums
amounting to 84.17s. for the insuance 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 Hongkong currency of the said sums
of 412.16s.9d., 61,and 84.17s., together with interest thereon.
2.That the Defendant [and his bail] be condemned therein,and in
costs:
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 18.
(Signed.)
A.B., etc.,
Plaintiffs.

(11.)In an Action for Condemnation of a Ship or Cargo,etc.
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
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,and of
the said seven slaves,or as the case may be],on the ground that the said
ship,etc., was,at the time of the seizure thereof,fitted out for or
engaged in the Slave trade [or as having been captured from pirates,
or for violation of the Act s. or as the case may be].
Dated the day of 18.
(Signed.)
A.B.
(12.)In an Action for Restitution of a Ship or Cargo:
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
State briefly the circumstances of the seizure.
A.B. [state name of person claiming restitution] claims-
The restitution of the said vessel [and her cargo,or as the
case may be ]together with costs and damages for the seizure thereof
[or as the case may be].
Dated the day of 18.
(Signed.)
A.B.,etc.,
Plaintiffs. (13.)In a Piracy cade,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 18.
(Signed.)
A.B.
(14.)In an Action for Recovery of any Pecuniary Forfeiture or Penalty:
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
State briefly the circumstances,and the Act and section of 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 18.
(Signed.)
A.B.
FORM No.22.
NOTICE OF MOTION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that on [state day of week] the day of 1,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 specified].
Dated the day of 1.
(Signed.)
A.B.,
Plaintiff
[or
C.D.,
Defendant.] FORM No.23.
NOTICE OF TENDER.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I have paid into Court,and tender in satisfaction of the
Plaintiff's claim [or as the case may be][if the tender is for costs also,add
including costs,]the sum of [state sum tendered both in letters and figures,
and on what terms,if any,the tender is made].
Dated the day of 1.
(Signed.)
C.D.,
Defendant.
FORM No.24.
NOTICE ACCEPTING OR REJECTING TENDER.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
Title of Action.
Take notice that I accept [or reject] the tender made by the Defendant in
this action.
Dated the day of 1.
(Signed.)
A.B.,
Plaintiff.
FORM No.25.
NOTICE FOR HEARING.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I set down this action for hearing.
Dated the day of 1.
(Signed.)
A.B.,
Plaintiff,
[or
C.D.,
Defendant.]
FORM No.26.
REGISTRAR'S REPORT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Whereas by a decree of the Court,dated the day of
1,the Court pronounced in favour of the Plaintiff [or Defendant],and
condemned the Defendant [or Plaintiff] and the ship [or as the case may be] in the amount to be found due to the Plaintiff [or Defendant][and
in costs],and the Court further ordered that an account should be taken,and
referred the same to the Registrar [assisted by merchants] to report the amount
due:Now I do report that I have,with the assistance of [here state names
and description of assessors,if any,] carefully examined the accounts and
rouches and the proofs brought in by the Plaintiff [or Defendant]n support
of his claim [or counterclaim],and having,on the day of 1,
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 1.
(Signed.)
E.F.,
Registrar.

SCHEDULE annexed to the foregoing Report.
FORM No.27.
COMMISSION OF APPRAISEMENT.
IN the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong,greeting.
Whereas Our said Court has ordered that [state whether ship or 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 person or persons,to swear him or them to appraise the
same according to the true value thereof,and when a certificate of such value
has been reduced into writing,and signed by yourself and by the appraisee
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 1.
(Signed.)
E.F.,
Registrar.
Commission of Appraisement.
Taken out by
FORM No.28.
COMMISSION OF SALE.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong,greeting.
Whereas Our said Court has ordered that [state whether ship or 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 1.
(Signed.)
E.F.,
Registrar.
Commission of Sale.
Taken out by
FORM No.29.
COMMISSION OF SALE AND APPRAISEMENT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong,greeting.
Whereas Our said Court has ordered that [state whether ship or 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 person or persons,to swear him or them to
appraise the same according to the true value thereof, and when a certificate
of such value has been reduced into writing and signed by yourself and by
the appraiser or appraisers,to cause the said [ship or cargo,etc., as the case
may be] to be sold by public auction for the highest price,not under the
appraised value thereof,that can be obtained for the same.
And We further command you,as soon as the sale has been completed ,to
pay the proceeds arising therefrom into Our said Court,and to file the said
certificate of appraisement and an account sale signed by you,together with
this commission.
Given at ,in Our said Court,under the Seal thereof,this
day of 1.
(Signed.)
E.F.,
Registrar.
Commission of Appraisement and Sale.
Taken out by
FORM No.30.
COMMISSION OF REMOVAL.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORTIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong,greeting.
Whereas Our said Court has ordered that the [state name and description of
ship] shall be removed from to on a policy of
insuance in the sum of $ being deposited in the Registry of Our
said Court;and whereas a policy of insurance for the said sum has been so
deposited:We,therefore,hereby command you to cause the said ship to be
removed accordingly. And We further command you,as soon as the removal has been completed
to file a certificate thereof,signed by you,in the said Registry,together
with this commission.
Given at in Our said Court,under the Seal thereof,the
day of 1.
(Signed.)
E.F.,
Registrar.
Commission of Removal.
Taken out by
FORM No.31.
COMMISSION FOR DISCHARGE OF CARGO.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong,greeting.
Whereas Our said Court has ordered that the cargo of the Ship
shall be discharged:We,therefore,hereby command you to discharge the
said cargo from on board the said ship,and to put the same into some
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 1.
(Signed.)
E.F.,
Registrar.
Commission for Discharge of Cargo.
Taken out by
FORM No.32.
COMMISSION FOR DEMOLITION AND SALE.
(In a Slave Trade Case.)
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong,greeting.
We hereby command you,in pursuance of the decree of the Judge of Our
said Court to that effect,to cause the tonnage of the vessel
to be ascertained by such rule as shall for the time being be in force for
the admeasurement of British vessels,and further to cause the said vessel to
be broken up,and the material thereof to be publicly sold in separate parts together with her cargo,if any) for the highest price that can be obtained
at 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
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 1.
(Signed.)
E.F.,
Registrar.
Commission for Demolition and Sale.
Taken out by
FORM No.33.
ORDER FOR INSPECTION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
On the day of 1.
Before
The Court,on the application of [state whether Plaintiff or Defendant]or-
dered thatt the Ship should 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]
at the Registry of the Court.
(Signed.)
E.F.,
Registrar.
FORM No.34.
NOTICE OF DISCONTINUANCE.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that this action is discontinued.
Dated the day of 1.
(Signed.)
A.B.,
Plaintiff. FORM No.35.
NOTICE TO ENTER JUDGMENT FOR COSTS.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I apply to have judgment entered for may costs in this
action.
Dated the day of 1.
(Signed.)
C.D.,
Defendant.
FORM No.36.
NOTICE OF APPEAL TO HER MAJESTY-IN-COUNCIL.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I,A.B., Plaintiff [or Defendant] appeal from the decree
[or order] of the Full Court made the day of 1.
Dated the day of 1.
(Signed.)
A.B.,
Plaintiff
[or
Defendant.]
FORM No.37.
ORDER FOR PAYMENT OUT OF COURT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
I,Chief Justice [or Judge] of the said Supreme Court,
hereby order payment of the sum of [state 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 1.
Witness,
(Signed.)
E.F.,
Registrar.
(Signed.)
J.K.,
Chief Justice
[or
Judge.]
FORM No.38.
NOTICE FOR CAVEAT WARRANT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I,A.B., of apply for a caveat against the
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 1.
(Signed.)
A.B.
FORM No.39.
CAVEAT WARRANT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Caveat entered this day of 1, 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
counterclaim that may have been or may be brought in the said Court against
the said [state name and nature of property].
On withdrawal of caveat,add-
Caveat withdrawn this day of 1.
FORM No.40.
NOTICE FOR CAVEAT RELEASE.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I,A.B., Plaintiff [or Defendant] in the above-named
action,apply for a 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
to state his address and an address for service within three miles of the
Registry.]
Dated the day of 1.
(Signed.)
A.B. FORM No.41.
CAVEAT RELEASE.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Caveat entered this day of 1,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 thsi day of 1.
FORM No.42.
NOTICE FOR CAVEAT PAYMENT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I,A.B., Plaintiff [or Defendant] in the above-named
action,apply for a 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 1.
(Signed.)
A.B.
FORM No. 43.
CAVEAT PAYMENT.
In the Supreme of Hongkong,Admiralty Jurisdiction.
[Title of Aciton.]
Caveat entered this day of 1,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 wothdrawn this day of 1. FORM No.44.
NOTICE FOR WITHDRAWAL OF CAVEAT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I withdraw the caveat [state whether caveat warrant,
release,or payment]entered by me in this action[or as the case may be].
Dated the day of 1.
(Signed.)
A.B.
FORM No.45.
ORDER FOR PAYMENT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
On the day of 1.
Before
It is ordered that A.B., Plaintiff [or Defendant,etc.] do pay to C.D.,
Defendant [or Plaintiff ,etc.],within days from the date hereof,
the sum of [state sum in letters] dollars,being the amount [or balance
of the amount]found due from the said A.B. to the said C.D. for [state
whether for damages,salvage,or costs,or as the case may be] in the above-
named action.
(Signed.)
E.F.,
Registrar.
FORM No.46.
ATTACHMENT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong,greeting.
Whereas Our said Court has ordered [state name and description of person
to be attached] to be attached for[state briefly the ground of attachment]:We,
therefore,hereby command you to attach the saud
and to bring him before Our said Court.
Given at ,in Our said Court,under the Seal thereof,
this day of 1.
(Signed.)
E.F.,
Registrar.
Attachment.
Taken out by FORM No.47.
ORDER FOR COMMITTAL.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
On the day of 1.
Before
Whereas A.B.[state name and description of person to be committed] has
commmitted a contempt of Court in that [state in what the contempt consists]
and,having been this day brought before the Court on attachment,persists
in his said contempt,it is now ordered that he be committed to prison for
the term of from the date hereof,or until he shall clear
himself from his said contempt.
(Signed.)
E.F.,
Registrar.
FORM No.48.
COMMITTAL.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
To
Receive into your custody the body [or bodies] of
herewith sent to you,for the cause herein-under written;that is to say,for
[state briefly the ground of attachment].
Dated the day of 1.
(Signed.)
J.K.,
Chief Justice
[or
Judge.]
Witness,
(Signed.)
E.F.,
Registrar.
FORM No. 49.
MINUTE ON FILING ANY DOCUMENT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
I,A.B.[state whether Plaintiff or Defendant],file the following documents,
viz:-
[Here describe the documents filed.]
Dated the day of 1.
(Signed.)
A.B. FORM No.50.
MINUTE OF ORDER OF COURT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
On the day of 1.
Before
The Court on the application of [state whether Plaintiff or Defendant]
ordered [state purport of order].
FORM No.51.
MINUTE ON EXAMINATION OF WITNESSES.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
On the day of 1.
Before
A.B. [state whether Plaintiff or Defendant] produced as witnesses
[Here state names of witnesses in full.]
who,having been sworn[or as the case may be],were examined orally [if by
interpretation,add by interpretation of ].
FORM No. 52.
MINUTE OF DECREE.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
On the day of 1.
Before
(1.)Decree for an ascertained Sum:
The Court having heard state whether Plaintiff and Defendant,or therir
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] to be due to the Plaintiff [or Defendant],in respect of
his claim [or counterclaim],together with costs [if the decree is for costs].
And condemned-
(a.)in an Aciton in Rem where Bail has not been given;
the Ship [or 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
Plaintiff'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 assessed by the Court,
that all accounts and vouchers,with the proofs in support thereof,should be
filed within days [or as the case may be].
(b.)if the Court 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 with costs,
add] and condemned the Plaintiff and his bail [if bail has been given] in costs
(4.)Decree for Condemnation of a Derelict subject to Salvage:
The Court having heard ,etc.[as above] pronounced the sum of [state sum
in letters] 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 Her Majesty in her
Office of Admiralty.
(5.)Decree in Action for Possession:
The Court having heard,etc. [as above],decreed that possession of the
Ship should be given to the Plaintiff,and condemned the
Defendant [and his bail] in costs.
(6.)Decree of 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 1,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.4c.113
and 36 and 37 Vict. c. 88, or as the case may be],and it condemned the said
vessel [together with the slaves,goods,and effects on board thereof]as
forfeited to Her Majesty [or condemned the said vessel and slaves as foefeited,
etc., but ordered that the cargo should be restored to the claimant,or as the
case may be].
The Court further ordered that the said slaves[or the slaves then surviving],
consisting of men,women,boys,and girls, should be delivered over to [state to whom or how the slaves are to be dis-
of].
If the vessel has been brought into port,add-
The Court further ordered that the tonnage of the vessel should be
ascertained by the rule in force for the admeasurement of British vessels,and
that the vessel should be broken up,and that the materials thereof should
be publicly sold in separate parts,together with her cargo [if any];
or
If the vessel has been abandoned or destroyed by the seizors prior to the
adjudication,and the Court is satisfied that the abandonment or destruction
was justifiable,add
The Court further declared that,after full consideration by the Court of
the circumstances of the case,the seizors had satisfied the Court that the
abandonment [or destruction] of the vessel was inevitable or otherwise under
the circumstances proper and justifiable.
(7.)Decree of Restitution in a Slave Trade Action:
The Court having heard,etc.[as above] pronounced that it had not been
proved that the Vessel was engaged in or fitted out for the slave
trade,and ordered that the said vessel should be restored to the claimant,
together with the goods and effects on board thereof;
add,as the case may be,
but without costs or damages,
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 the deten-
tion 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 Her Majesty in her Office of Admiralty;
or
promounced 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 lawful owner thereof,on
payment to the re-captors of [one-eight] part of the true value thereof in lieu of salvage.The Court also directed that the said junk [and her cargo] which
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 attacked or engaged be
H.M.S. 'Torch,' etc., on the occasion of the capture of the said junk was
pirates,that the total number of pirates so attacked or engaged was above
that of that number were captured,and that the
vessel engaged was H.M.S.'Torch' [or as the case may be].
(9.)Decree of Condemnation under Pacific Islanders Protectioo Acts:
The Court having heard,etc.[as above] pronounced that the Ship
had been,at the time of her seizure [or during the voyage on which she was
met],employed [or fitted out for employment] in 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 Her 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 Enlishment Act:
The Court having heard,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 Ship and her equipment [and the arms and munitions of war on
board thereof,or as the case may be] as forfeited to Her Majesty.
(11.)Decree of Condemnation under Custims 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 Her Majesty for
violation of the Act [state what Act].
(12.)Decree for Pecuniary Forfeiture or Penalty under Custims 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 Ordinance] and condemned the Defendant C.D. [the owner
of the said goods,or as the case may be] in the penalty of $ imposal
by the said Act [or Ordinance][and in costs].
FORM No.53.
MINUTES IN AN ACTION FOR DAMAGE BY COLLISION.
A.B., etc.,
against
The Ship 'Mary.'
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.
G.H. filed notice of appearance on behalf of C.D., etc., the
owners of the ship 'Mary.'
E.F. filed writ of summons.
The Bailiff filed warrant.
G.H. filed bail bond to answer judgment as against the
Defendants [or as the case may be] in the sum of $10,000,with
affidavit of service of notice of bail.
A release of the ship 'Mary' was issued to G.H.
E.F. filed Preliminary Act[and notice of motion for pleadings].
G.H. filed Preliminary Act.
The Court having heard solicitors on both sides [or as the case
may be] ordered pleadings to be filed.
E.F. filed petition.
G.H. filed answer [and counterclaim].
E.F. filed reply.
The Court having hgeard 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 mutial inspection
the documents therein set forth,within three days.
E.F. filed affidavit of discovery.
G.H. filed affidavit of discovery.
E.F. filed notice of trial.
E.F. produced as witnesses pstate names of witnesses].who,
having heard sworn, were exmained orally in Court,the said [state
names] having been sworn and examined by interpretation of
[state name of interpreter] interpreter of the
language.Present [state names of assessors present,if any]
assessors.
G.H. produced as witnesses,etc., [as above].
The Court having heard [state whether Plaintiffs and Defendants,
or their counsel or solicitors,as the case may be],and having been
assisted by [state names and descriptions of assessors,if any],pro-
nounced in favour of the Plaintiffs [or Defendants] and condemned the Defendants[or Plaintiffs] 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 as
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 within days [or as the case may be].
E.F. filed statement of claim,with accounts and vouchers,
support thereof [numbered 1 to], and affidavits of [state
names of deponents,if any].
G.H. filed accounts and vouchers [numbered 1 to] or
answer to claim.
E.F. filed notice for hearing of reference.
E.F. [or G.H.] filed Registrar's report,etc.
Here insert address for service of Here insert address for service of
documents required to be served documents required to be served
on the Plaintiffs. on the Defendants.
Note.-The above minutes are given as such as might ordinarily be required in an action or
rem for damage by collision,where pleadings have been ordered.In some acitons
many of these minutes would be suprefluous.In other additional minutes would
be required.
II.FEES OF COURT AND ASSESSORS' FEES.
COURT FEES.
1.Sealing any warrant,release,commission,attachment,or other
instrument requiring to be sealed (other than a writ of
summons or subpoena).
2.Filing a bail bond
3.Order for reference
4.Filing Preliminary Act
5.Notice issued by Registrar
6.Bailiff attending unlivery of cargo (to be paid in cash) for each
day
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
8.Bailiff executing any other commission or instrument or any
warrant or attachment
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.For every additional $1,000 or part thereof
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.
1.For each nautical or other assessor,whether at the exami-
ation of witnesses,or at the trial of an action,or at the
hearing of an appeal,or upon any assessment of damages or
taking of an account,according to the case,per diem. } From
10.00
to
50.00
Note.-The above fees shall be paid to the Registrar for the assessors in cash and in
the first instance by the party preferring the claim or,in the case of an appeal,by the
appellant.
A.D. 1896. Ordinance No. 13 of 1896. Short title. Repeal of rules of Admiralty procedure for the Supreme Court and enactment of new rules. Schedule. Section 2. Interpretation of terms. Kinds of action. Action for condemnation of ship, etc. Number and title of action. Indorsement, teste, and form of writ. 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. Mode of service in action in personam. Mode of service on firm. Mode of service on corporation, etc. Mode of service in case of disability, etc. Tume for service, etc. Certificate of service. Filing of appearance. Appearance after time. Indorsement on appearance of set-off or counterclaim. Particulars of appearance. 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. Case for consolidation. Consolidation for trial, etc. Warrant for arrest of property and affidavit to lead warrant. Substance of affidavit. Particulars of affidavit in certain actions. Production of bottomry bond in action for bottomry. Issue of warrant notwithstanding certain defects. Preparation, etc., of warrant. Mode of service of warrant. Service on Sunday, etc. Filing of warrant. Certificate of service. Mode of giving bail. Preparation, etc., of bail bond. Signing by surety. Justifying by surety. Commission to take bail, etc. Commissioner not to be interested. Notice of bail to adverse party. Objection to surety. Issue of release by the Court. Cases in which release may be issued by Registrar. Release in case of arrest for salvage. Refusal of Registrar to issue release. Preparation, etc., of release. Mode of service of release. Release of property arrested. Filing of preliminary act in action for damage by collision, and particulars thereof. No pleadings without order. Time for pleading, if ordered. Pleading setoff or counterclaim. Form of pleading. 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. Time before hearing for filing notice of motion. Hearing and order. Varying or rescinding order. Mode of making tender. Acceptance or rejection of tender. 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. Setting down in case of non-appearance. Setting down in case of appearance. Taking of accounts. Notice of trial. Right to begin. Right to begin where several plaintiffs, etc. General course of proceedings. Hearing of counsel. Judgement where action uncontested. Reference for assessment of damages, etc. Proceedings on reference. Attendance of counsel. Report of result. 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 term '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, etc. 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. Filing of commission with return. Payment into Court of proceeds of sale. Taxation of Bailiff's account. Application to review taxation. Inspection of property. Discontinuance by plaintiff and consequences thereof. 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 appeal and giving of bail for costs. Carrying decree into effect, notwithstanding appeal. 53 & 54 Vict.c. 27. Prosecution of appeal. Preparation of process. Contents and transmission of process. Mode of making payment. Completion of payment. Mode of making payment. Caveat to prevent arrest of property. Caveat to prevent release of property. Caveat to prevent payment of money out of Court. Caveat by person not party to action. Consequences of entry of caveat warrant. Consequences of entry of caveat release or caveat payment. Duration of caveat. Withdrawal and over-ruling of caveat. Order for payment to party entitled. Attachment for disobedience of order or contempt. Committal of person attached. Execution of instrument issued from the Court. Preparation and issue of instrument. Date of document. Time for service of document. Instructions for execution of instrument. Mode of giving notice from Registry. Mode of filing document. Filing of several documents. Certificate of service of copy upon adverse party. Keeping and particulars of Minute Book. Keeping of Caveat Books. Inspection of Minute and Caveat Books. 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. Fees of assessors. Appendix. Allowance of fees on taxation. Half fees. Regulation of practice and procedure outside the Rules. See Ordinance No. 3 of 1901. Rule 163. Rule 4. Rule 4. Rule 4. Rule 5. Rule 5. Rule 5. Rule 5. Rule 6. Rule 6. Rule 6. Rule 6. Rule 17. Rule 21. Rule 21. Rule 28. Rule 33. Rule 37. Rule 39. Rule 39. Rule 44. Rule 45. Rule 45. Rule 45. Rule 50. Rule 57. Rule 112. Rule 112. Rule 112. Rule 112. Rule 112. Rule 112. Rule 117. Rule 118. Rule 118. Rule 128. Rule 138. Rule 136. Rule 136. Rule 137. Rule 137. Rule 138. Rule 138. Rule 143. Rule 144. Rule 145. Rule 146. Rule 146. Rule 153. Rule 156. Rule 156. Rule 156. Rule 156. Rule 164. Rule 166.

A.D. 1896. Ordinance No. 13 of 1896. Short title. Repeal of rules of Admiralty procedure for the Supreme Court and enactment of new rules. Schedule. Section 2. Interpretation of terms. Kinds of action. Action for condemnation of ship, etc. Number and title of action. Indorsement, teste, and form of writ. 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. Mode of service in action in personam. Mode of service on firm. Mode of service on corporation, etc. Mode of service in case of disability, etc. Tume for service, etc. Certificate of service. Filing of appearance. Appearance after time. Indorsement on appearance of set-off or counterclaim. Particulars of appearance. 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. Case for consolidation. Consolidation for trial, etc. Warrant for arrest of property and affidavit to lead warrant. Substance of affidavit. Particulars of affidavit in certain actions. Production of bottomry bond in action for bottomry. Issue of warrant notwithstanding certain defects. Preparation, etc., of warrant. Mode of service of warrant. Service on Sunday, etc. Filing of warrant. Certificate of service. Mode of giving bail. Preparation, etc., of bail bond. Signing by surety. Justifying by surety. Commission to take bail, etc. Commissioner not to be interested. Notice of bail to adverse party. Objection to surety. Issue of release by the Court. Cases in which release may be issued by Registrar. Release in case of arrest for salvage. Refusal of Registrar to issue release. Preparation, etc., of release. Mode of service of release. Release of property arrested. Filing of preliminary act in action for damage by collision, and particulars thereof. No pleadings without order. Time for pleading, if ordered. Pleading setoff or counterclaim. Form of pleading. 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. Time before hearing for filing notice of motion. Hearing and order. Varying or rescinding order. Mode of making tender. Acceptance or rejection of tender. 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. Setting down in case of non-appearance. Setting down in case of appearance. Taking of accounts. Notice of trial. Right to begin. Right to begin where several plaintiffs, etc. General course of proceedings. Hearing of counsel. Judgement where action uncontested. Reference for assessment of damages, etc. Proceedings on reference. Attendance of counsel. Report of result. 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 term '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, etc. 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. Filing of commission with return. Payment into Court of proceeds of sale. Taxation of Bailiff's account. Application to review taxation. Inspection of property. Discontinuance by plaintiff and consequences thereof. 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 appeal and giving of bail for costs. Carrying decree into effect, notwithstanding appeal. 53 & 54 Vict.c. 27. Prosecution of appeal. Preparation of process. Contents and transmission of process. Mode of making payment. Completion of payment. Mode of making payment. Caveat to prevent arrest of property. Caveat to prevent release of property. Caveat to prevent payment of money out of Court. Caveat by person not party to action. Consequences of entry of caveat warrant. Consequences of entry of caveat release or caveat payment. Duration of caveat. Withdrawal and over-ruling of caveat. Order for payment to party entitled. Attachment for disobedience of order or contempt. Committal of person attached. Execution of instrument issued from the Court. Preparation and issue of instrument. Date of document. Time for service of document. Instructions for execution of instrument. Mode of giving notice from Registry. Mode of filing document. Filing of several documents. Certificate of service of copy upon adverse party. Keeping and particulars of Minute Book. Keeping of Caveat Books. Inspection of Minute and Caveat Books. 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. Fees of assessors. Appendix. Allowance of fees on taxation. Half fees. Regulation of practice and procedure outside the Rules. See Ordinance No. 3 of 1901. Rule 163. Rule 4. Rule 4. Rule 4. Rule 5. Rule 5. Rule 5. Rule 5. Rule 6. Rule 6. Rule 6. Rule 6. Rule 17. Rule 21. Rule 21. Rule 28. Rule 33. Rule 37. Rule 39. Rule 39. Rule 44. Rule 45. Rule 45. Rule 45. Rule 50. Rule 57. Rule 112. Rule 112. Rule 112. Rule 112. Rule 112. Rule 112. Rule 117. Rule 118. Rule 118. Rule 128. Rule 138. Rule 136. Rule 136. Rule 137. Rule 137. Rule 138. Rule 138. Rule 143. Rule 144. Rule 145. Rule 146. Rule 146. Rule 153. Rule 156. Rule 156. Rule 156. Rule 156. Rule 164. Rule 166.

https://oelawhk.lib.hku.hk/items/show/693

1901

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No. 6 of 1896

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