SUPREME COURT (ADMIRALTY PROCEDURE) ORDINANCE, 1896
Title
SUPREME COURT (ADMIRALTY PROCEDURE) ORDINANCE, 1896
Description
No. 6 of 1896.
To regulate the Admiralty procedure of the Court.
[1st September, 1896.]
1. The Supreme Court (Admiralty Procedure) Ordinance, 1896.
2. The Rule contained in the schedule shall apply to all actions
conunenced in the Admiralty Jurisdiction of the Supreme Court.
SCHEDULE.
H0NGKONG.
[s. 2.]
RULES, OF PROCEDURE FOR TUE,
ADMIRALTY OF THE SUPREME COURT.
In these Rules-
1. 'The Court' ineans the Superme 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' means the Registrar of the Court:
1) v o. 50 of 1911 and No, 1 of. 1912.
AF; amended hy No. 1 of 1912.
'Action' means any action, cause, suit, or other proceeding
instituted in the court:
' Plaintifi' includes the plaintiff's solicitor, if he sues by a solicitor :
'Defendant' includes the defendant's solicitor, 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
propelled by oars only.
Action.
2. Actions shall be of two kinds, actions in rem and actions in
personam.
3. Actions for condemnation of any ship, boat, cargo, proceeds,
slaves, or effects, or for recovery of anv 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 distinguish-
ing number of the action, and shall be written or printed oil all
documents in the action as part of! the title thereof. Forms of the
title of an action will be found in the Appendix, forms 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 claim, and of the relief or remedy required, and of the amount
claimed, if any. Such writ shall be tested in the name of the Chief.
Justice and shall bear date the day whereon the same is sued out.
Forms of the writ of summons and of the indorsements thereon will
be found in the Appendix, forms 4, 5, 6, and 7.
6. In all action for seaman's or master's wages, or for master's
wages and disbursements, or for necessaries, or for bottomry, or in
any action in which the plaintiff desires an account, the indorsement
on the writ of summons may include a claim to have 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 3 miles from the Registry, at
which it shall be sufficient to leave all documents required to be 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 ill the Registry at the time of scaling the writ.
9. The Court may allow the plaintiff to amend the writ of summons
and the indorsements thereon in such manner and on such terms as
to the Court may seem fit.
Service of Writ of Summons.
10. In an action in rem the writ of summons shall be served-
(1) upon ship, or upon cargo, freight, or other property, if the cargo
or other property is on board a ship, by attachinor the writ for a short
time to the mainmast or the single mast, or to some other conspicuous
part of the ship, and by leaving a copy of the writ attached thereto;
(2) upon cargo, freight, or other property, if the cargo or other
property is not on board a ship, by attaching the writ for a short time
to such cargo or property, and by leaving a copy of the writ attached
thereto;
(3) upon freight in the hands of any person, by showing the writ to
him and by leaving with him a copy 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 summons shall be served
by showing it to the defendant, and by leaving with him a copy of the
writ.
13. A writ of summons against a firm may be served upon any
member of the firm or upon any person appearing at the time of service
to have the management of the business of the firm.
14. A writ of summons against a corporation or a public 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 promptly, be effected, or if in any
action, whether in rem or in personam, there is any doubt or difficulty
as to the person to be served or as to the mode of service, the Court
may order upon whom or in what manner service is to be made, or
may order notice to be given in lieu of service.
16. The writ of summons, whether in rem or in personam, may be
served by the plaintiff or his agent within 6 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 form of certificate of
service will be found in the Appendix, form 8.
Appearance.
18. A party appearing to a writ of surnmons shall file an appearance
at the place directed in the writ.
19. A party not appearing within the tirne 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 away indorse on his appearance a statement of the nature
thereof, and of the relief or remedy required, and of the amount, if
any, of tho Set-Off or counerclaim. But in the 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.
21. The appearance shall be, signed 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 3 miles froin the Registry,
at which it stall be sufficient to leave all docurnents required to be
served upon him Forms of appearance and of indorsement of set-off
or counterclaim will be found ill the Appendix, forms 9 and 10.
Parties.
22. Any nurnber of persons having interests of the same nature
arising out of the same matter may be Joined in the same action,
whether as plaintiffs or as defendants.
23. The Court may order any person who is interested in the action,
though not named in the writ of summons, to joined in either as plain-
tiff or as defendant.
24. For the purposes of preceding rule, an underwriter Or insurer
shall be deemed to be a person interested in the aclion.
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 dircetions in the matter as to the
Court may seem fit.
Consolidation of Actions.
26. Two or more in which the questions at issue are sub-
stailtially the same, or the matters which might properly be combined
in one actions, may be consolidated by order of the Court, on such
terms as may seem fit.
27. The Court may, in its discretion, order several action's to be
tried at the same time and on the sane evidence, or the evidence in
one action to be used as evidence in another, or may order one of
several actions to be tried as a test action, and the other actions to be
stayed to abide the result.
Warrants.
28. In an action in rem a warrant for the arrest of property may
be issued by the Registrar at the time, of or at any time after the issue
of the writ of summons, on all affidavit being filed, as prescribed by
the following rules. A form of affidavit to load warrant will be found
in the Appendix, form 11.
29. The affidavit shall state the nature of the claim, and that the
aid of the Court is required,
30.-(1) In an action for wages the affidavit shall Also state the
national character of the ship, and, if the ship is foreign, that notice
of the Action has been served upon a consular officer of the State to
which the ship belongs, if there is one resident in the Colony.
(2) In an Action for necessaries, or an action by the owner, or con-
signee, or assignee of any bill of lading of any goods imported into the
Colony in any ship, for damage done to the goods or ally part thereof
by the negligence or misconduct of, or for any breach of duty or breach
of contract on the part of, the owner, master, or crew of the ship, the
affidavit shall also state the national character of the ship, and that,
to the best of the deponent's belief, no owner or part owner of the
ship was domiciled in the Colony at the time of the institution of the
action.
(3) In an action between co-owners relatling to the ownership,
possession, emloyment, or earnings of any ship registered in the
Colony, the affidavit shall also state the number of shares in the ship
owned by the party proceeding.
31. In an action for bottomry the bottomry bond in orginal, and,
if it is in a foreign language, a translation thereof, shall be produced
for the inspection and perusal of the Registrar, and a copy of the bond,
or of the translation thereof, certified to be correct, shall be annexed
to the affidavit.
32. The Registrar may, if lie thinks fit, issue a want 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 warraut without an order of the Court.
33. The warrant shall be prepared in the Registry, and shall be
signed by the Registrar, and issused under the seal of the Court. A
form of warrant will be found in the Appendix, form 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 action 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 week after
service thereof has been completed, with a certificate of service in-
dorsed thereon.
37. The certificate shall state by wbom 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, form 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, uillessIthe Court, on special cause shown, orders that one
surety shall suffice.
39. Every bail bond shall be prepared in the Registry, and shall be
signed before the Registrar, or by his direction before a clerk in the
Registry, or before a commissioner appolinted by the Court to take
bail. Forms of bond and comniission to t ake bail will be found in the
Appendix, forms 14 and 1.5.
40. Sureties may attend to sign a bond either separately or together.
41. If bail is taken before a conimissioner, the sureties shall justify
by affidavit.
42. The commission to take bail and the affidavits of justificaltiGn
shall be prepared in the Registry, and issued with the bail bond, and
shall, with the bail bond, when executed, be returned to the Registry
by the commissioner.
43. No commissioner shall be entitled to take bail ill any action in
which he, or any person in partnership with him, is acting as solicitor
or agent.
44. Before filing a bail bond, notice of bail shall be served upon the
adverse party, and a certificate of such service shall be indorsed oil
the bond by the party filing it. A form of notice of bail will be found
in the Appendix, form 16.
45. If the adverse party is not satisfied with the sufficiency of any
surety, he may file a notice objectilig to such sureby or requiring him
to justify, if lie, has not already done so. Forms of notice. to justify,
of affidavit of justification, and of llotice of objection to bail will be
found in the Appendix, forms 17, 18, and 19.
Releases.
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 Relgistrar, unless there is a
caveat outstandilir,the release of the property,-
(1) on payment, into Court of the amount claimed, or oi the
appraised value of the property arrested, or, where cargo is arrested
for freight only, of the amount of tha freight verified by aflidavit:
(2) on one or more bail bonds being filed for the amount claimed or
for the appraised value of the property arrested; and on proof that 24
hours notice, of the names, and addresses of the sureties has been
previously served upon the partly at whose instance the property has
been arrested:
(3) on file, application of the party at whose instance the property
has been arrested:
(4) on a consent ill writing being filed, signed by the party at whose
instance the property has been arrested:
(5) on discontinuance or dismissal of the action ill which the property
has been arrested.
48. Where property has been arrested for salvage, the release shall
not be issued under the preceding rule, except on discontinuance or
dismissal of the action, until the value of the property arrested has
been agreed upon between the parties or determined by the Court.
49. The Registrar may refuse to issue a release without the order of
the Court.
50. The relcase 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 Appendix, form 20.
51. The release shall be served upon. the bailiff either personally or
be leaving it at his office, by the party by whom it is taken out.
52. On service of the release and oil payinent to the bailiff of all fees
due to and charges incurred by him in respect of the arrest and custody
of the property, the property shall be at once released from arrest.
Preliminary Acts.
53. In action for damage by collision, each party shall, within
one, week from an appearance being 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 other was first seen;
(8) the lights, if any, carried by her;
(9) the distance and bearing of the other ship when first seen;
(10) the lights, if any, of the other ship which were first seen;
(11) the lights, if any, of the other ship, other than those first seen,
which came into view before the collision;
(12) the measures which were taken, and when, to avoid the
collision;
(13) the parts of each ship which first came into collision; and
(14) what fault or default, if any, is Attributed to the other ship.
Pleadings
54. Ever action shall be heard without pleadings, unless the Court
otherwise orders.
55. If an order is made for pleadings, the plaintiff shall, within one
week from the date of the order, file his petition, aild, within one week
from the filing of the petition, the defendant shall file his answer, and,
within one week from the filing of the answer, the plaintiff shall file
his reply; if any: and there shall be no pleading beyond the reply
except by permission of the Court.
56. The defendant may, ill his answer, plead any set-off or counter-
claim. 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
consecutivily, which shall state concisely the facts on which the party
relies, avid shall be signed by the party filing it. Forms of pleadings
will he found in the Appendix, form 21.
58. It shall not be necessary to set out ill any pleading the words of
anv doctiment referred to therein, except so far as the precise words of
tC document are material.
59. Either party may apply, to the Court to decide forthwith any
question of fact or of 1aw raised by any pleading, and the Court shall
thereupon make such order as may seem fit.
69. Any pleading may at any tilne be amended, either by consent
of tile parties or by order of the Court.
Special Case.
61. Parties may agree to state the questions at issue for the opinion
of the Court in the form of a special case.
62. If it appears to the Court that there is in any action a question
of law which it would be convenient to have decided in the first
instance, the Court may direct that it shall be raised ill a special case
or in such other manner as rnay seem expedient.
63. Every special case shall be divided into paragraphs, numbered
consecutively, and shall state concisely such facts and documents as
may be necessary to enable the Court to decide the question at issue,
64. Every special case sliall be signed by the parties, and may be
filed by any party.
Motions.
65. A party desiring to obtain an ordor from the Court. shall file a
notice of motion, with the affidavits, if any, oil which he intends to
rely.
66. The notice of motion shall state the nature of the order desired,
the day on which the motion is, to be inade, and whether in Court or
in Chambers. A form of notice of motion will be found in the
Appendix, form 22.
67. Except by consent of tbe adverse party or by order of the Court,
the notice of motion shall be filed 24 hours at least before the time
at which the motion is made.
68. When the motion comes on for hearing, the Court, after hearing
the parties or, in the absence of any of theni, on proof that the notice
of motion has been duly served, may make such order as to the Court
maj seern, fit.
69. The Court way, on due, cause shown, vary or rescind any order
ppeviously 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 sliall 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, lie 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, forms 23 land 24.
72. Pending the acceptance or rejection of a tender, th e proceedings
shall be suspended.
Writer.
78. The, Court may order the evidence of the witnesses, whether
examined before the Court, or the Registar, or a Commissioner, to be
taken down by a shorthand writer, who shall have been previously
sworn faithfully to report the evidence; and a transcript of the short-
hand writer's notes, certified by him to be correct and approved by
the Judge, Registrar, or Commissioner, as the case may be, shall be
lodged in or transmitted to the Registry as the certified evidence of
such witnesses.
Printing.
74. The Court may order that the whole of tile plendings and written
proofs, or any part thereof, shall be printed before the trial; and the
printing shall be in such manner and form as, the Court may order,
75. Preliminary acts, if printed, shall be printed in parallel columns.
Assessors.
76. The.Cpurt, on the application of any party or without any such
application if of opinion that the nature of the case requires it, may
appoint one or more assessors to advise the Court upon any Matters
requiring nautical or other professional knowledge.
77. The fees of the assessors shall be paid in the first instance by
the plaintiff, unless the Court otherwise orMers.
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 form 25.
79. If there lirts 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 proceeds in Court,
after the expiration of 2 weeks from the service of the writ of
summons; and,
(2) in an action in rem (not being an it against proceeds in
Court), after the expiration of 2 weeks from the filing of the warrant.
80.-(1) If there, has been an appearance, either party may set down
the action for
(a) after the expiration of one week from the entry of the appear-
ance, unless an order has been made, for pleadings or an application
for such an order is pending; and,
(b) if pleadings have been ordered, when the last pleading has been
filed, or when the 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 summon has been indorsed with a claim to
have an account taken the liability has been admitted or deter-
mined, and the question is simply as to the amount due, the Court
may, on tho application of either party, fix a time within which the
accounts and vouchers, and the proofs in support thereof shall be filed,
and at the expiration of that time, either party may have the matter
set down for trial.
Trial.
82. After the action has been set down for trial, the Registrar shall
send notice to the of the day on which it will be tried.
83, At the trial of a contested action the plaintiff shall in general
being. But if the burden of proof lies on the defenants, tho Court
may direct the defendent to begin.
84. If there are sevend plaintiffs, or several defenants, the Court
may direct which plaintiff or which defendant shall begin.
85. The party beginning shall first address the Court, and then pro-
duce his witnesses, if any. The othey. party or parties shall then
address the Court and produce his or their witnesses, if any, in such
order as the Court may direct, and shall have a right to sum im their
evidence. In every case the party beginning shall have the right to
reply, but sliall not produce further evidence, except by permission of
the Court.
86). Only one cousell shall in general be heard on each side; but, tho
Court, if it considers that the nature of the case, requires it, may allow
two counsel to be heard on each side.
87. If the action is uncontested, the Court may give judgment on
the evidence, adduecd by the plaintiff.
28. The Court may, in its diserption, refer the assessment of
damages and the taking of any account to the Registrar, either alone
or assisted by one or more merchants as assessors.
89. The rules as to the trial shall apply mutatis mutandis to a
reference to the, Registrar, and the Registrar may adjourn the pro-
ceeding from time to time and from place to place, if he thinks
necessary.
90. Counsel may attend the hearing of any reference, but the costs
so incurred shall not be allowed on taxatlon unless the Registrar
certifies that the attendance of counsel was necessary.
91. When a reference has been heard, the Registrar shall draw up a
report in writing of the result, showing the amount, if any, found due,
and to whom, together with anY further partictilars that may be
necessary. A form of report will be found ill the Appendix, form 26.
92. When flae report is ready, notice shall be sent to the parties,
arid either party may thereupon tahe up and file the report.
93. Within 2 weeks from tho filing of the report, cither party may
file a notice of motion to vary the report, specifying the items objected
to.
94. At the hearing of the motion, the Court may make such order
thereon as may seem fit, or may remit the matter to the Registrar for
further inquiry or report.
95. If no notice of motion to vary the report is filed within 2 weeks
from the filing of the report, the report shall stand confirmed.
Costs.
96. Subject to the provisions, of these the cots of the whole
action, and of each particular proceeding Hierein, and of every pro-
ceeding before the Court shall be in the discretion of the Court; and
the Court shall have full power to award and apportion costs in any
manner it may deem proper.
97. Subject to the provisions of these Rules, barristers' and solicitors'
costs shall be allowed on taxation upon the settle 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
1,000 dollars, half costs only shall be charged and allowed. In any
other action the Court may, in its discretion, order that half costs only
shall be allowed.
99. Where costs are awarded to a plaintiff the expression 'sum in
dispute' shall mean the sum recovered by bim in addition to the sum,
if any, counterclaimed from him by the defendant; and where costs are
awarded to a defendant, it shall mean the sum clainied from him in
addition to the sum, if any, recovered by him.
100. The Court may direct payment of a himp 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 CoInny, the Court may,
on the application of the adverse party, order him to give bail for costs.
102. If a tender is rejected, but is afterwards accepted, or is held
by the Court to be sufficient, the party rejecting the tender shall,
unless the Court otherwise orders, be condemned in the 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, applica-
tion 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 aild client as beeween party and party.
107. If, in a taxation between solicitor and client, more than one-
sixth is struck off, solicitor shall pay all tile costs attending the
taxation.
Appraisement and Sale, etc.
108, The Court may, either before after final judgement, order any
property under the arrest of the Court to be appraised or to be sold
with or without appraisement and either by public auction or by
private contract.
109. If the property is deteriorating in value, the Court may order
it to be sold forthwith.
110. If the property to be, sold is of small value, the Court may, in
its discretion, order it to be sold without a commission of sale being
issued.
111. The Court may, either before or after final judgment, order any
property under arrest of the Court to be removed or any cargo under
arrest on board ship to be discharged.
112. The appraisement, sale, and removal of property, the discharge
of cargo, and the demolition and sale of a vessel condemned under any
Slave Trade Act shall be effected under the authority of a commission
addressed to the bailiff. Forms of commissions of appraisement, sale,
appraisement and sale, removal, discharge, of cargo, and demolition
and sale will be found in the Appendix, forms 27 to 32.
113. The commission shall, as soon as possible after its execution,
be filed by the bailifi, with a return. settim, 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 vouchers in support thereof.
115. The Registrar shall tax the bailid's account, and shall report
the amount at he considers it should be allowed. and any party
who is interested. in the, proceed 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, form 033.
Discontinuance.
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 judgement, entered for his costs of action, on filing a notice to enter
the same. Tile discontinuance of an action. by the plaintiff shall not
prejudice any action consolidated therewith or any counterclaim pre-
viously set up by the defendant. Forms of notice of discontinuance
and of notice, to enter Judgement for costs will be found in the
Appendix, forms 84 and 35,
Consents.
119. Any consent in writing signed by the parties may, by per.
mission of the Registrar, be filed, and shall thereupon become an order
of Court.
Appeals to the Full Coart.
120. All appeals to the Full Court shall be brought by notice of
motion in a summary way. Tile notice of motiori shall state whether
the whole or part only of the judgment or order appealed from is com-
plained of, and in the lattar 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 term as may seem Just, and may give, such judgement 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 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 evideence upon questions of fact.
124. The Full Court shall have powers 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 as may seem just.
125. It shall not be necessary for a respondent to give notice of order.
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 moiltli.
127. An appeal shall not operate, as a stay of execution or of proceed-
ings under the decision unless the Full Court so orders.
Any such order may be made on such conditions as the Full Court
may direct.
Appeals to His Majesty-in-Council.*
128. A party desiring to appeal to His Majesty-in-Council from any
decision of the Full Court shall, within one month from the date of the
decree or order appealed from, file a notice of appeal, and give bail in
such sum, not cxeeeding L300 the Full Court may order, to answer
the costs of the appeal. A form of notice of appeal will be found in
the Appendix, form 36.
129. Subject to any order of His Majesty-in-Council or of the Judicial
Committee of the Privy Coulicil, the Full Court may proceed to carry
the decree or order appealed from into effect, provided that the party
in whose favour it has been made gives bail to abide the event of the
appeal, and to answer the costs thereof, in such surii 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 Judicial Committee of
the Privy Council.
1M. 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 respect
to payments into the Superme Court.
*In Sir John Carrington's edition the followillg note, was appended to this headings:-
' Rules 128-132 relating to only to the proceeding to be taken in theSupreme Count Of
hongkong. -As to the right Of and the condition attaelied to it, see section 6
of the Colonial Courts of Admiralty Act, 1890, 53 & 54 Vict. c. 27.] 'But New
Rules regulating appeals to lli,in Council were. issued by the Judicial Coin.
mittee on 21st December, 1908, and Aditional Instructions to the Governor of hongkong
were passod on 10th August, 1909. These are to be. found in Vol. 8. The former
were expresslY irinde subject to the provisions of law statute governing the question;
the latter contain 110 such limitation. It is therefore doubtful whether appeals in
Admiralty are still governed by s. 6 of 53 & 54 Vict. c. 27.
Aq arilencled by Xcl. 61 of 1911.
As amended by No. 50 of 1911.
134. A receipt for the arnount 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, form 37. Subject as aforesaid, all payments out of
Court shall be made in accordance with and subject toilie provisions
of any Ordinance or Rule of Court with reference to payments out of
the Supreme Court.
Caveats.
136. An person desiring to prevent the arrest of any property may
file a notice undertaking within 3 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 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,
forms 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 cavcat in the Caveat Release Book hereinafter memtioned. Forms
of notice and of caveat release will be found in the Appendix, forms 40
and 41.
138. Any person desiring to prevent the release of money out of
Court shall file a notice, mind thereupon. the Registrar shall enter a
caveat in the Caveat Payment Book hereinafter mentioned. Forms of
notice and of caveat payment will be found in tile Appendix, forms 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 3 miles
of flie Registry, at whose it shall be to leave all documents
required to be served uPon him.
140. The entry of a caveat warrant shall not prevent the issue of a
warrant, but a party at whose instance a warrant is issued for the
arrest of any property in respect of which there is a cavcat 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 tile contrary.
141. The party at whose instance a caveat release or caved payment
is enterod shall be condenined in all costs and damage, 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 6 months frorn
the date of entering the same.
* As arnended by 'No. 50 of 1911,
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,
form 44.
(2) The Court may over-rule ally 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 sun found due or
the balance thereof, as the case way be, within such time as to the
Court may seem fit. The party to whom the sum is due may then
obtain from the Registry, and serve upon the party liable, an order for
payment under the seal of the Court. A form of order for payment
will be found ill the Appendix, form 45.
Attachments
145. If any person disobeys all order of the Court or commits a
contempt of Court, the Judge may order Iiiin to be attached. A. form
of attachinent will be found in the 2kpperidix, form 46.
146-(1) The person attached shall, without delay, be brought
before the Court, and it lie persists ill his disobedience or contempt,
the Court may order him to be, comnnitled. Forms of order for com-
mittal and of committal will be found in the Appendix, forms 47 and
48.
(2) The order for committal shall be executed by tile bailiff.
Instruments, etc.
147. The bailiff shall exceute 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 exectited by any officer of or commissioner acting
under the authority of the Court shall be prepared ill the Registry and
signed by the Registrar, and shall be issued under the seal of the court.a
149. Every document, issued under the seal of the Court shall bear
date on the day of sealing, and shall be deerned to be issued at the
time of the sealing thereof.
150. Every document requiring to be served shall be served within 6
months from the date thereof, otherwise tile 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 exectition 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 on filing any document will be found in the
Appendix, form 49.
154. Any number of docunnents in the same action may be filed with
one and the same minute.
155. No docurnent, except preliminary, acts, bill, bonds, documents
issued from the Registry, and minutes, shall be filed without a certifi-
cate 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 hept in tiie Relgistry a book, to be called the
Minute Book, in which the Registrar sliall enter in order of date, under
the head of each action, and on a page numbered with the number of
the action, a record of the commencement of the action, of all appear-
ances 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 consont 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, forms 50 to 53.
157. There shall be kept in the Registry a Cavet Warrant Book, a
Caveat Release Book, and a Caveat Payment Book, in which all such
caveats respectively and the withdrawalthereoof shall be entered by the
Reasstrar.
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 rules, no person shall be
entitled to inspect the records in a pending action without the per-
mission of the Reuistrar.
161. In an action. which is terminated, a,ii.v person may, on payment
of a search fee, inspect the records in the action.
Copies.
162. Any person entitled to inspect any document in an action shall,
on payment of the properfor the. sarne, be entitled to an office
copy thereof under the seal of the Court.
Forms.
163. The Forms in the Appendix shall be followed, with such varia-
tions as the circumstances may require, and any party using any other
forins 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 proceedings therein specified, and in respect of all other
matters or proceedings the Court fees for similar matters or
proceedings in the Original Jurisdiction of the Court, according to the
scale for the time being in force, shall be taken.
165. All Court fees shall, unless it is otherwise provided in the
Appendix, be payable in the same manner as they are for the time being
payable in the Original Jurisdiction of the Court.
166. Assessors shall, subject to the piVvisions of these rules, be paid
the fees set forth in the Apperidix.
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 1,000 dollars, half fees only shall be charged and allowed.
Cases not provided for.
169. All Ordinances having reference to the practice and procodure
of the, Supreme Court as to discovery and the forin 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 EnIgland shall be followed.
Appendix.
I-FORMS.
Form No. 1, [Rule 4.1]
TITLE OF ACTION IN REM
No. [here insert the number of the action]
A.B., Plaintiff,
against
(a.) The Ship
or (b.) The Ship and freight.
or (c.) The Ship her and froight.
or (if the action is against cargo only!)
(d.) The cargo ex the Ship [state namc of ship on board of which the cargo now is
or lately was laden].
or (if the action is against ihe proceeds realized by the sale, of the Ship or cargo)
(e.) The proceeds of the Ship
* As aniencled by No. 8 of 1912.
of (f) The proceeds of the cargo ex the Ship
of 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. [Rule 4]
TITLE OF ACTION in Personam.
N0. [herc insert number of the actionj.
A.B., Plaintiff,
against
The Owners of the Ship , [or as the case may be].
Action for [state natifre of action as in preceding form].
Form No. 3. [Rule 5]
TITLE or AcTION IN THE NAME or THE CROWN
No. [here insert number of the action].
Our Sovereign Lord the king,
[add here necessary, in his Office of Admiralty]
against
(a.) The Ship , [or as the case may be].
A.B., etc.,' [the person or persons proceded. against]
Action for [state nature actionj.
Form No. 4.
WRIT OF SUMMONS in REM.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Here insert title, of action].
George, by the Grace of God, of the United Kingdom or Great Britain and Treland
and of the British dominions beyond the Seas King, Defender of the Faith, Emperor
of India.
To the Owners and all others interested in the Ship
[her cargo and freight, etc., or as ihe 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 till appearance to be entered for you in Our
Supreme Court of hongkong ill 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 , 19 .
Sealed by Regigtrar.
Memorandum to be subscribed on the Writ.
This writ may be served within six months from the date thereof, exclusive of the
day of such date, but not afterwards.
The Defendant [or Defendants] may appear hereto by entering an appearance [or
appearances], either personally or by solicitor, at the Registry of the said Court.
Form No. 5. [Rule 5]
WRIT OF SUMMONS in Persanam.
In the Suprerne Court of hongkong, Admiralty Jurisdiction.
[Here insert title of action.]
GEORGE, by the Grace of God, etc.
To C.D., of and E.F., of
WE command you that, within one week after the service of this writ, exclusive of
the day of such service, you do cause an appearance to be entered for you ill Our
Supreme Coart of llong-lcong ill 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 , 19 .
Sealed by Registrar.
Memorandum to be subscribed on tile Writ.
This writ may be served within six months from tile date thereof, exclusive of the
day of such date, but not afterswards.
The Defendant [or Defendants] may appear hereto by entering an appearance [or
appearances], either personally or by solicitor, at the Registry of tile said Court.
Form No. 6. [Rule 5.]
INDORSEMENTS TO BE MADE ON THE WRIT BEFORE ISSUE THEREOF.
(1) The Plaintiff claims [insert description of claim as given in Form no. 7].
(2) This writ was issued by the Plaintiff in person, who resides at [state Plaintiff's place of residence, 7vith nanie 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 servedupon the PlaUitifT ill the action may be left
for him at [insert address for service within three miles of the Registry.]
or,
Where the action is in tile 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 prosecuting in
the name of the Crown, or U8 solicitor, as tile 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 iniles of the Registry.]
Form No. 7. [Rule 5.]
INDORSEMENTS Or CLAIM.
(1) Damage by Collision:
The Plaintiffs, as owners of the ship ' Mary ' [her cargo and freight, ete., or as the
case may be] claim the sum of $against ~Llle ship ' Jane ' for damage occasion-
ed by a collision which took place [state where] on the day of
19 ; and for costs.
(2) Salvage:
The Plaintiffs, as owners, master, and crew of the ship ' Mary,' claim the sum
of $ for salvage services rendered by them to the ship ' Jane,' [her cargo
and freight, etc., or as the case may b6J on the day of
19 , in or near [state where the services were rendered]; and for costs.
(3) Towage :
The Plaintiff claims the sum of $ for pilotage of the ship ' JaDe ' on
the day of , 19 , from [state where pilotage commenced]
to [state where pilotage endedj ; and for costs.
(4) Towage :
The Plaintiffs, as owners of the ship claim Lho sum of $ for
towage services rendered by the said ship to the ship 'Jane,' [her cargo and freight,
etc., or as the case may be] ; on the day of , 19, at or
near [81(ttO wherc services were rei?dered] ; and for costs.
(5) Master's Wages and Disbbursements:
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) Scamen's Wages.
The PlainflfIs 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 fop two months' wages froal the day of 19
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; tlic ship ' Mary,' at the port, of on the
day of
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
claims aggaint the proceeds of the ship 'Mary ' the sum of $
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 share. of the ship 'Mary,' being dissatisfied
with the management of' the said ship by his co-owners, claims that his co-owners
shall give bail in the sum of $ the value of his said shares, for the safe return
of the said ship to this Colony.
(.11) Bottomry:
The Plaintiff, as assignee of a bottomry bond, dated the day of ,
19 , and granted by C.D., as master 'of the ship 'Mary,' of to A.B.
at the port of , claims the equivalent in Hongkong currency of the sum of
L against the ship ' Mary,'[her carp 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 Decelict ship 'Mary'[her cargo, etc., or as the case may
be], condemned as forfeited to His Majesty in His OfFice of Admiralty.
(13) Piracy:
A.B., Commander of H.M.S. ' Torch,' claims to have the Chinese junk 'Tecumseh'
and her cargo condemned as forfeited to His Majesty as having been captured from
pirates.
(14) Slave Trade:
A.B., Commander of 'London,' claims to have the vessel, name unknown
[together with her cargo and twelve slaves], seized by him on the day of
, 19 , condemned as forfeited to His Majesty, on the ground
that the said vessel was, at the time of her seizure, engaged in or fitted out for the
slave trade, in violation of existing treaties between Great Britain and Zanzibar [or
of the Act 5 Geo. IV c. 113, or as the case may be.]
or,
C.D., the owner of tile vessel [and cargo, or as the case may
be] captured by H.M.S. 'London ' on the day of ,
19 , claims to have the said vessel [and cargo, or as the case may be] restored to
him [together with costs and damages for the seizure thereof].
(15) Under Pacific Islanders Protection Acts:
A.B., Commander of H.M.S. 'Lynx,' claims to have the British ship ' 'Mary - and
her cargo condemned as forfeited to His Majesty, for violation of the Pacific Islanders
Protection Acts, 1872 and 1815.
(16) Under Foreign Enlistment Act:
A.B. claims to have the British ship ' Mary,' together will, tile arms and munitions
of war on board thereof, condemned as, forfeited to His Majesty for violation of the
Foreign Enlistment Act, 1870.
(17) Under Cusioins Acts:
A.B. claims to have the ship 'Mary' [or as the case may be] condemned as
forfeited to His Majesty for violation of [state Act under which forfeiture is claimed].
(18) Recovery of Pecuniary Forfeiture or Penalty:
A.B. claims judgment against the Defendant for penalties for violation of [state Act
or Ordinance under which penaltics are clamied].
Form No. 8.
CERTIFICATE Of SIERVICE TO BL INDORSED ON THE WRIT AFTER
SERVICE THERF0F.
[Rule 17.]
This writ was served by X.Y. [here, state the mode in which the service was effected,
whether on the owner, or on the ship, cargo, or freight, etc., as. the case may be] on
the , day of ' 19 .
(Signed.) X. Y.
Form No. 9. [Rule 21.]
APPEARANCE.
(1) By Defendant in Person.
In the Supreme Court of Admiralty Jurisdiction.
[Title of Action.]
Take notice that I appear in this action.
Dated the day of , 19 .
(Signed.)C.D., Defendant.
My address is
My address for service is
APPEARANCE.
(2) By Solicitor for Defendant.
In the Supreme Court of llongkong, Admiralty Jurisdiction.
[Title of Action.]
Take notice that I appear for C.D., of [insertt address of C.D.] in this action.
Dated the day of 19
(Signed.) X. Y.
Solicitor for C.D.
My Place of business is
My address for service is
FORM No. 10.
[Rule 21.]
INDORSEMENT OF SET-OFF OR COWNTEPCLAIM.
The Defendant [or, if he is one of several Defendants, the Deferclant 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 nature of the set-off
or counterclaim and the relief or remedy required its in Form No. 7, mutatis
mutandis] ; and for costs.
FORM 'No. 11.
[Rule 28.]
AFFIDAVIT TO LEAD WARRANT.
In the Supreme Court of hongkong, Admiralty Jurisdiction.
[Tille of Action.]
1, A.B., [state name and addressj 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 19 , the
said A. B. was duly sworn to the truth of this affidavit at (Signed.) A. D,
Before me,
E.F., etc.
or,
Where the action is in the name of the Crown,
I, A.B., etc., [state name and address of person suing in the name of the Crown]
make oath and say that I claim to have the ship ' Mary ' and her cargo ror the
vessel, name unknown or the cargo ex the ship 'Mary,' ete., or as the case may be]
condemned to His Majesty---
(a) as having been fitted out for or engaged in
Act or Treaty alleged to have been violated] ;
or (b) as having been captured from pirates;
or (c) as having been found derelict;
or (d) for violation of [state Act or Ordinance alleged to have been violated or as the
case may be].
I further make oath and say that the aid of this Court is required to enforce the said
claim.
the Slave Trade in violation of [state
On the clay of 19 ' the
said A. D. was duly sworn to LLe truth of this affidavit at ~ (Signed.) A. -D.
Before me,
EX., etc.
FoRm No. 12.
WAURANT.
In the Supreme Court of Hongkong,
[Title of Action],'
GEORGE, by the Grace of God, etc.
To the Bailiff of Our Supreme Court of Hongkong.
We hereby command you to arrest the ship
[Rule 33.]
Admiralty Jurisdiction.
[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
Warrant.
Taken out, by
(Signed.) Registrar.
Form No. 13.
[Rule 37]
CERTIFICATE OF SERVICE TO BE INDORSED ON THE WARRANT AFTER
SERVICE THEREOF.
This warrant waS Served by [state by whom and in what ruode scruice was effected]
on day, the day of , 19 .
(Signed.) G.H.,
Bailiff.
Form No. 14. [Rule 39.]
BAlL 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 ourselves 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 shall not pay what may be
adjudged against him in the above-named action, with costs [or, for costs, if bail is
to be given only for co81s] , execution may issue against us, our heirs, executors, and
administrators, goods and chattels, for a Pum not exceeding [state 8u;n in letters]
dollars. 1
This Ball Bond was signed by the
said and
the
sureties, the day of 19 1 Signatures of Sureties,
in the Registry, of the Supreme Court
of Hongkong [or as the rose may be]
Before me,
E.F. Registrar. -
[or Deputy Registrar, or Commissioner to take Bail,
as the case inay be.]
Form No. 15. [Rule 39.]
COMMISSION TO TAKE BAIL.
In the Supreme Court of Admiralty Jurisdiction.
[Title of Action.]
GEORGF, by the Grace of God, etc.
To [state nanic and description of Commissioner], greeting.
Whereas in the above-named action bail is required to be taken on behalf of [state
naric of party for whom bail is to be given and whether Plaintili or Defendant] in the
sum of rstate sunt in letters] dollars, to answer Judgment in the said action :
We therefore hereby authorise you to take Such ball on behalf of the said
from two sufficient sureties, upon the bail bond hereto annexed, tn(l 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, ettested by you, to the
Registry of Our said Court.
Given at , in Our said Court, under the Seal thereof, this day of
' 19 .
Commission to take Bail.
Taken out by
(Signed.) E.F.' Registrar.
Form of Oath to be administered to each Surety.
You swear that the contents of the affidavit, to which you have subscribed your
name, are true.
So help you GOD.
FORM No. 16. [Rule 44.]
NOTICE or BAIL.
In the Supreme Court of Honglcong, Admiralty Jurisdiction.
[Title of Action.]
Take notice, that I tender the under-mentioned persolls as bail on behalf of [state
nalne, address, and description of party for whom bail is to be given and whether
Plaintiff or Defendant] in the sum of [state sunt in le~ticrs 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 , 19 .
(Signed.)X. Y.
FORM No. 17. [Rule 45.]
NOTICE TO JUSTIFY.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of Action.]
Take notice that I require [state nanze address, and description of surety or sureties
required to justify] to justify by affidavit his [or their] sufficiency as a surety [or
sureties] in the above-named action.
Dated the day of , 19 .
(Signed.) A.B.
Form No. 18.
AFFIDAVIT OF JUSTIPICATION. [Rule 45]
In the Supreme Court of Hongkong Admiralty Jurisdiction.
[Title of Action.]
I [state name, address and discription 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 blie payment of all my debts.
On the day of
19 , the said
was duly sworn to the truth of this aflidavit
at
Before me,
-E.F., Registrar.
[or Commissioner, as the case may be.]
Form No. 19.[Rule 45.]
Signature of Surety.
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 objected to] in the above-named action.
Dated the day of , 19 .
(Signed.) A.B.
Form No. 20. [Rule GO.]
RELEASE.
In the Supreme Court of Admiralty Jurisdicti
[Title of Action.]
GEorge, by the Grace of God, etc.
To the Bailiff of Our Suprente Court of Hongkong, greeting.
Whereas by Our warrant issued in the above-narned action on the day of
, 19 , We did command you to arrest [state name and natureof
property arrested] and to the saine, Lind(,i. safe, arrost until you should receive
further orders from Us : We do hereby command You to release the said[state name
and nature of property to be released] from the said arrest upon payment being made
to you of all fees due to and charges iticurred by you in respect of the arrest and
custody thereof.
Given at in Our said Court, under tbe. Seal thereof, this day of
, 19 .
Release.
Taken out by
(Signed.) E.F.' Registrar.
Form No. 21.[Rule 57.]
PLEADINGS.*
(1) In an. Action. for Damage by Collision:
a, (' The Atlantic,')
PETITION.
In the Supreme Court of Hongkong, Admiralty Jurisdicton.
[Title of Action.]
Writ issued 19 , ,
1. Shortly before 7 p.m. on the 31st January, 1903, the brig
'Antlies,' 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 coals, and named with a crew of nine bands,
all told, was about fifteen miles S.E. 1/2 E. from the Lizard Light.
2. The wind at the time was about E.N.E., a moderate breeze, the
weather was fine, but slightly hazy, and the tide was about slack water,
and of little force. The 'Anthes'; was sailing under all plain sail, close
hauled on the port tack, heading about S.E. and proceeding through
the water at the rate of about five knots per hour. Her proper regula-
tion side sailing lights were duly placed and exhibited and burning
brightly, and a good look-out wns being kopt 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 'Atlantic,' at the distance of
about from one mile and a half to two miles from the 'Anthes,' and
bearing about one point on her port bow. The 'Anthes'was kept
close hauled by the wind on the port tack. The 'Atlantic' exhibited
her green light and shut in her red light and drew a little on to the
starboard how of the 'Arthes,' and she was then seen to be approach
ing and causing immediate danger of collision. The helm of the
11 Anthes ' was thereupon put hard down, but the 'Atlantic',
although loudly hailed from the 'Anthes', ran against and with her
stem and stargoard. bow struck the starboard quarter of the ' Anthes'
abaft the main rigging, and did her so much damage that the
'Anthes' soon aftersvards 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
due time proper measures for avoiding a collision with the 'Antlies. '
6. The helm of the 'Atlantic' was ported at an improper time.
7. The said collision, and the dirnaycs and losses consequent thereon,
were occasioned by the negligent and improper navigation of those on
board the 'Atlantic.'
The Plaintiff claims-
1. A declaration that he is entitled to the damage proceeded for.
* As amended by No. 8 of 1912.
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 u the nature of the case may require.
Dated the day of ' 19 .
(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 circumstances hereinafter stated, bound on a voyage
to Cardiff.
2. A little before 6.30 p.m. of the 31st January, 1903, the 'Atlantic'
was about fifteen miles S.E. by S. of the Lizard. The wind was
E.N.E. The weather was hazy. The 'Atlantic,' under foresail, fore
and main topsails, main topgallant sail, and jib, was heading about
W.S.W.' making from five to six knots ail hour, witli her regulation
lights duly exhibited and burning, and a good look-out being kept on
board her.
3. In these circumstances, the red lights of two vessels were
observed pretty close to-ether, about half a mile off, and from two to
three points on the starboard bow. The helm of the, 'Atlantic' was
put'to port in order to pass on the port sides of these vessels. One,
however, of the vessels, which was the - Antlies,' altered her course,
and exhibited her green light and cailsed danger of collision, The helm
of the Atlantic - was then ordered to be steadied, but before this order
dould be completed was put hard-a-port. The 'Anthes' with her
starboard side by the rnain rigging, struck the stem of the 'Atlantic'
and shortly afterwards sank, her master and four of her crew being
saved by the ' Atlantic.'
4. Save as hereinbefore admitted, the several statements in the
Petition are denied.
5. The 'Anthes' was not kept, on her course as required by law.
6. The helm of the ' Antlies' was improperly starboarded.
7. The collision was caused by one, or both of the thinos stated in
the fifth and sixth paragraphs hereof, or otherwise by the negliaence
of the Plaintiff or of those oil board the 'Alithes.'
8. The collision was not caused or contributed to by the Defendants,
or by any of those on boa rel the 'Atlantic.'
Any by way of Counterclaim the Defendants say-
They have suffered great damage by reason of the collision.
And they claim as follows:-
1.Judgment against the Plaintiff [and his bail] for the damage
occasioned to the Defendants by the collision, and for the costs
of this action.
2. To have an account talken of such damage, with the assistance
of merchants.
3. Such further and other relief as the nature of the case may
require.
Dated the day of , 19 .
(Signed.) C.D., etc., Defendants.
REPLY.
In tlic Supreme Council of hongkong, Admiralty Jurisdiction.
[Title of Action.]
The Plaintiff denies the several staternents, contained in the Answer
and Counterclaim., [or admits the several slatements contained in
paragraphs and of the Answer and Counterclaim, but denies
the other statements contained therein].
Dated the day of , 19 .
(Signed.) A. B., Plaintiff.
b. (' The Julia David.')
PETITION
In the Supreme Court of hongkong, Admiralty Jurisdiction.
[Title of Action.]
Writ issued 19 .
1. At about 2 a.m. on the 4th September, 1905, the steamship
'Sarpedon,' of 1,556 tons register and 225 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 proper regulation masthead and
side lights were duly exhibited and burning brightly, arid a good look-
out was being kept.
3. At such time the masthead arid red lights of a steam vessel,
which proved to be the above-named vessel 'Julia David,' were seen
at the distance of about two miles from and ahead of the 'Sarpedon,'
but a little on her port bow. The helm of the ' Sarpedon ' was port-
ed and hard-a-ported, but the 'Julia David' opened her green light
to the 'Sarpedon,' and, although the engines of the 'Sarpedon'
were immediately stopped and lier steam whistle was blown, the
' Julia David' with her stem struck the 'Sarpedon' on her port
side, abreast of her red light, and did her so much damage that her
master and crew were compelled to abandon her, and she was lost
with her cargo. The 'Julia David ' went away without rendering
assistance to those on board the 'Sarpedon,' and without answering
signals which were made by them for assistance.
4. Those on board the 'Julia David' neglected to keep a proper
look-out.
5. Those on board the 'Juilaa David' neglected to duly port the
helm of the 'Julia David.'
6. The helm of the 'Julia David' was improperly starboarded.
7. The 'Julia David' did not duly observe and comply with the
provisions of Article 16 of the ' Regulations for Preventing Collisions
at Sea.'
8. The said collision was, occasioned by the improper and negligent
navigation of the 'Julia David.'
The Plahitiffs claim-
1. A declaration that they are entitled to the dainage proceeded for,
and the condernnuion 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
require.
Dated the day of , 19 .
(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, which left
Havre on the 2nd September, 1905, with a general cargo, bound to
Alicante and other ports in the Mediterranean.
2. About 2.45 a.m. of the 4th September, 1905, the ' Julia David,'
in the course of her slaid voyage was in the Ba of Biseay. The
weather was thick, with a drizzling rain and banks of fog, and a stiff
breeze blowing from S.S.W, wiLli a good deal of sea. The 'Julia
David, ' under steani alone, was steering 8. S.W. 1/2 W. by bridge steer-
in. 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 star-
board bow. The 'Julia David',as kept on her course. But after
a short time the 'Sarpedon' opened rod li-lit and caused danger
of collision. The helm of the 'Julia David' was thereupon put
hard-a-port, and her engines stopped and ali-nost immediately reversed
full speed, but, nevertheless, the 'Sarpedon' came, into collision
with the 'Julia David,' strildng witli the port side her stem and port
bow, and doing her considerable damage.
4. Tbe vessels separated Tile. engines of the 'Julia
David' were then stopped, and her pitnips sounded. She was making
much water, and it was found necessary to turn her head away from
the wind and sea. As soon as it could be done without great danger,
she was steamed in the direction in which those on board her believed
the 'Sarpedon' to be, but when day broke and no traces of the
'Sarpedon'could be discovered, the search was given up, and the
'Julia David,' being in a very disabled state, made her way to a port
of refuge.
5. Save as hereinbefore appears, the several statements contained
in the Petition are denied.
6. A good look-out was not kept on board the 'Sarpedon'
7. The helm of the 'Sarpedon' was improperly ported.
8. Those on board the 'Sarpedon' improperly neglected or omitted
to keep her on her course.
9. Those on board the 'Sarpedon.' did not observe the provisions
of Article 16 of the 'Regulations' for Preventing Collisions at Sea.'
10. The collision was ocemioned b v sorne or all of the matters and
things alleged in the 6th, 7th, Sth, and 9th. paragraphs hereof, or
otlienvise by the default of the 'Sarpedon' or tbose 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 thesay 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 ' wid in tbe Gosts of this action.
2. To have an accourit talken of such damage, with the assistance of
merchants.
3. Such further and other relief as the nature of the case may
require.
Dated the day of , 19 .
(Signed.) C,D., etc., Defendants.
REPLY.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of Action.]
The Plaintiffs deny the several statements contained in the Answer
and Counterclaim [or as the case may be].
Dated the day of 19 .
(Signed.) A.B., etc. Plaintiffs.
(2.) In an Action for Salvage :
a- (The ' Crosby.')
PETITION.
In the Supreine Court of Hongkong, Admiralty Jurisdiction.
[Title of Action.]
Writ issued 19 .
1. The 'Asia' is an iron screw steamship of 902 tons net register
tonnage, fitted with engines of 120 horse power nominal, is of the value
of $150,000, and was, at the time of the services hereinafter stated,
nianned with a crew of twenty-three hands under the command of
George Hook Bawn, her master.
2. At about 9 a.m. on the 29th April, 1907, while. the ' Asia'
which was in ballast proceeding on a ~voyage to Nikolaev to load a cargo
of grain-was betweenOdessa and Ochakov, those oil board her saw
a steamship ashore on a bank situated about ten miles to the westward
of Ochahov. The 'Asia' immediately steamed in tlie direction of
the distressed vessel, which made signals for assistance.
3. On nearing the distressed vessel,which proved to be the
'Crosby,' one of the 'Asia's' boat was sent to the 'Crosby' in
charge of the second mate of the 'Asia' and subsequently the
master of the ' Crosby' Loarded the 'Asia,' and at the request of
the master of the 'Crosby' the master of the 'Asia ' agreed to
endeavour to tow the 'Crosby' afloat.
4. The ' Crosby ' at this tinie 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 ' brohe.
7. The masters of the two vessel. being then Loth agreed in opinion
that it would be necessary to lighen the 'Crosby' before she could
be got afloat, it was arranged that the cargo from the 'Crosby' should
be tahen on board the 'Asia.'
8. The 'Asia' was again secured alongside, the ' Crosby', and,
the hatelics beill taken off, cargo wa's then discharged from the
'Crosby' into the ' Asia,' and this operation was continued until
about 6 p.m., by which time about 100 tons of such cargo had been so
discharged.
9. When this had been clone both vessels used tlicir stearn, 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 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 from a very dangerous and critical position, as, in the
event of bad weather coming on whilst she lay aground, she would
have been in very great danger of being lost with her Cargo.
12. The ' Asia - encountered some rish 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 Nikolacv being at the time imminent.
13. The value of the hawsor of the 'Asia' broken is herein stated
was $400.
14. The ' Crosby ' is an iron screw steamship of 1,118 tons net
(1,498 gross) register tonnage. As salved, the ' Crosby' and her
cargo and freight have been agreed for the purposes, of this action at
the value of $41092.
The Plaintiffs claim-
1. Such an amount of salvage, regard being had to the said agree-
ment, as the Court may think fit to
2. The condemnation of the Defendants [and their bail] in the
salvage and in costs.
3. Such further and other relief as the case may require.
Dated the day of 19 .
(Signed.) A.B, Cte.' Plaintiffs.
ANSWER.
In the Suprerne Court of Hongkong, Admiralty Jurisdiction.
[Titte 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 compled by 4 a.m. on the 30th
April, 1907.
2. The Defendants submit to the, judgment of the Court to award
such a moderate amount of salvage to the Plaintiffs under the circum-
stances aforesaid as to the said Court shall seem meet.
Dated the day of 19 .
(Signed.) C.D., etc., *Defendants.
REPLY.
In the Supreme Court of hongkong, Admiralty Jurisdiction.
The Plaintiffs deny the statement contained in the 1st paragraph of
the Answer, that the shipment of the cargo was completed by 4 a.M.
on the 30th April, 1907.
Dated the day of 19 .
(Signed.) A.B., etc., Plaintiffs.
b. (The 'Newcastle.')
PETITION.
In the Supreme Court of Hongkong, Admiralty Jursdiction.
[Title of Action,]
Writ issued
1. The 'Emu' is a stearri tug belonging to thc Whitby Steam Boat
Company, of six tons register, with engines of 40 horse power nominal,
and was at the time of the services hereinafter stated, manned by a
crew of five hands.
Just before midnight on the 22nd July, 1906, when the 'Emu'
was lying in Whitby habour, 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 thc 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 'Newsccastle,' and which was last upon the rocks, with a kedge
and warp out. The wind was about N., blowing fresh; the sea was
smooth, but rising; the tide was flood.
4. The master of the 'Emu' offered Lis services, which were at
first declined by the master of the 'Newcatle;' shortly afterwards
the kedge warp brohe 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 he settled on
shore.
5. About 3 a.m. those on board the 'Emu ' got a rope, from the
'Newcastle ' on board and began to tow. After sorne, towing this
rope broke. The tow fille. of the Newcastle - was then got on board
the - Ernu,' and the 'Emu' kept towing and twisting the 'New-
castle,' but was unable to get her off till about 5 a.m., when it was
near high water. The intister of the 'Emu ' then that it was
necessary to try a click or jerk in order to got the. 'Newcastle ' off,
and accordingly, at the, risk of straining his vessel, he gave a strong
click in a northerly direction, and got the 'Newcastle ' off.
6. The master of the 'Emu' then asked if the 'Newcastle '
was making water, and was told little only, but is he saw that the
hands were at the pumps he kept the ' Emu '' by the ' Newcastle'
until she was abreast of Whitby. He then inquired again if any
assistance was wanted, and being told that the - Newcastle - wis all
right and would procced on her voyage, lie steamed the 'Emu' back
into Whitby harbour about 7 a.m.
7. About 8 a.m. a gale from N.E., which continued all that day and
the next, came on to blow with a high sea. If the - Newcastle - had
not been got off before the, gale came on, slip would have gone,
to pieces on the rocks.
8. By the services aforesaid the 'Newcastle ' and her cargo and
the lives of those on her were saved from total loss
9. The ---Newcastle - is a screw steamship of 211 tons register, and
was bound from Newcastle to Hull with a general cargo and 19
passengers. The value of theher eamo and freight,
including passage money, is as follows:-
The 'Newcastle, ' $30,000; her eargo, $15,000; freight and passage
money, $650;-in all, $45,650
The Plaintiffs claim-
1. The condemnation of the Defendants [and their bail] in such an
amount of salvage remuneration as to the Court may seem just, and
in the costs of this action.
2. Such further and other relief as the nature of the case may require.
Dated the day of 19 .
(Signed.) A.B., etc., Plaintiffs.
Answer.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of Action.]
1. At about 6.45 p.ni. on the 22nd July, 1906, the iron screw steam-
ship - 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 passen
gers, ran aground off Kettleness Point, on the coast of Yorkshire.
2. The tide at this time, was the first quarter ebb, the weather was
calm, and the sea was smooth, and the---Newcastle,---after grounding
as aforesaid, sat upright and lay quite still, heading about E.S.E.
Efforts were then inade to get the ' Newcastle' again afloat by work-
ing her engines, but it was found that this could not be done in the
then state of the bide.
8. At about 10 p.m. of the said day a kedge, with a warp attached
to it, was carried out from the ' Newcastle' by one of her own boats
and dropped to seaward, and such warp was afterwards hove taut and
secured on board the ---Neweastle,--- with the view of its being hove
upon when the flood tide made. Several cobles came to the ---New-
castle---from Runswick, and the men in thein 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 crow are the Plaintiffs in this action, came
to the 'Newcastle' and offered assistance, which was also declined.
5. The flood tide was then inaking, and by about 2.45 a.m. the
Newcastle had floated forward, and attempts were made to get the
stern of the Newcastle also afloat, and the warp attached to the
aforesaid kedge was attempted to be hove in, but the said warp having
parted, the master of the 'Newcastle' endeavoured ineffectually to
make all agreernent with the, Illaster of the 'Emu' to assist ill
getting the---Newcastle---afloat, and at about 3 a.m. a rope was given
to the 'Emu' from the port bow of the ' Newcastle,' and directions
were given to the, ' Emu' to keep the head of the ' Newcastle' to
the eastward ill the same way as it had been kept by the aforesaid
kedge anchor and warp. The 'Emu' t then set allead and almost
immediately the said rope was broken. A coir hawser was thereupon
given to the 'Emu,' and those on board her were directed not to
put any strain on it, but to keep the 'Emu ' paddling ahead
sufficiently to steady the head of the ---Newcastle,---and to keep her
head to the eastward. This the ' Emu' did and continued to do until
about 4.45 a.m., when the ' Newcastle,' by means of her own
engines, was inoved off from tlio ground, and the---Emu---was bi.oiicht
broad on the port bow of the ' Newcastle,' and the 'Emu' had to stop
towing and to shift the rope from her port bollard, whero, it was fast,
to her towing Look, but the ' Newcastle' continuing to go ahead, the
said rope had to be, let go on board the ' Emu' and it was then
hauled in on board the 'Newcastle'. The 'Newcastle,' under her
own steam, then coininenced proceeding south, the wind at the time
being N.N.W. and light, and the weather fine. It was afterwards
ascertained that the ' Newcastle' was making a little water in her
afterhold, and her hand pumps were then worked, and they kept the
' Newcastle ' free.
6. The ' Emu' proceeded back with the 'Newcastle' as far as
Whitby, and the 'Newcastle' then continued on her voyage and
arrived in the Humber at about 2.45 p.m. of the same day.
7. During the time aforesaid the master, crew, and passengers of
the 'Newcastle' remained on board the 'Newcastle,' and no danger
was incurred in their so doing.
8. Save as herein appears, the, Defendants deny the truth of the
several statements contained in the Petition.
9. The, Defendants have paid into Court and tendered to the Plain-
tiffs for their services the sum of $1,000 and have offered to pay their
costs, and the Defendants submit that such tender is sufficient.
Dated the day of 19 .
(Signed.) C.D., etc., Defendants.
(3.) In an Action for Distribution of Salvage
PETITION.
1n the Supreme Court of Admiralty Jurisdiction.
[Title of Aciionj
Writ issued 19 .
1. Describe briefly the salvage services, stating the part taken in
them by the Plaintiffs, and the capacity in which they were serving.
2. The sum of $ has been pald by the owners of the. Ship,
ete. [state name of ship or other property salved] to the Defendants,
Lksof the Ship [state nanme of salving Ship,] and has been ac
cepted by them in satisfaction of their claim for salvage, but the said
Defendants have riot 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 ap-
portioned among them is the Court shall thirik fit, and the costs of
this action.
2. Such other relief as the nature of the case may require.
Dated the day of 19 .
(Signed.) A.B., etc,, Plaintifs.
(4.) In an Action for Master's Wages and Disbursements
a. ('The Princess.-)
PETITION.
In. the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of Action.]
Writ issued 19 .
1. The, Plaintiff, on the 10th, February, 1907, was appointed by the
owner of the British barque 'Princess,' proceeded against in this
action, master of the said barque, and it was agreed between the Plain-,
tiff 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, 1907, and there is now due to
him for his wages as niastor during that there 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 deerec pronouncing, the said sums, arnounting 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 re-
quire.
Dated the day of 19 .
b. (The 'Northumbria.')
PETITION.
(Signed.) A.B., Plaintiff.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of Action.]
Writ issued 19
1. In or about the month of july, 1905, the Plaintiff was engaged
by the owners of the, British ship 'Northumbria' to serve on board
her as her master, at wages after the rate of $180 per month, and he
entered into the, service of the said ship as her master accordingly, and
thenceforward served on board her in that capacity and at that rate of
wages until he was discharged as hereinafter stated.
2. When the Plaintiff so entered into the service of the said ship
she was lying at the, port of North Shields in the county of Northurn-
berland, and she thence sailed to Point de Galle, and thence to divers
other ports abroad, and returned home to Cardiff, where she arrived
on the 1st October, 1907.
3. The'northhumbria,' after having received (livers repairs at
Cardiff left that port on the 5th Novermber, 1907, under the coniniand
of the Plaintiff on a voyage, which is thus described in the ship's
articles signed by the Plaintiff and her crew before commencing the
samc, viz., ' A voyage, frorn Cardiff to bahia or Pernambuco, and any
ports or places in the Brazils, or North or South America, United
States of America, Indlan, Pacific, or Atlantic Oceans, China or
Eastern Seas, Cape Colonies, West Indies, or Continent of Europe,
including the Mediterranean Sea or Seas adjacent, to and fro, if
required, for aily period not exceeding three years, but finally to a
port of discharge in the United Kingdom or Coiainent of Europe.
4. The 'Northhumbria, ' after so leavivig Cardiff, met with bad wea-
ther and suffered damage, and was compelled to put back to Falmouth
for repairs before again proccelling on her voyage.
5. The Plaintiff was ready and willing to continue in the service of
the 'Northumbria,' and to perform his duty as her master on and
during the said voyage, but the Defendants, the owners of the
'Northumbria,' wrongfully and without reasonable cause discharged
the Plaintiff on the 23rd November from his ernployment 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 Plairitiff in respect of such his wages
and disbursements at the time of his discharge a balance of $1,080,.
which slim the Defendant. 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 Plain-
tiff for his wages and with interest thereon.
2.Damages in respgct of his wrongful discharge by the Defen-
dants.
3, The condemnation of the Defendants [and their bail] in the
amounts claimed by or found due to the Plaintiff.
4. To have an account taken [with the assistance of merchants] of
the amount due to the Plaintiff in respect of his said wages and
disbursements, and for damages in respect of such wrongful
discharge.
Such further and other relief as the nature of the case may
require.
Dated the day of 19 .
(Signed.) A.13., Plaintiff.
ANSWER.
In the Supreme Court of hongkong, Admiralty Jurisdiction.
[Title of Actlon.]
1. The Defendants admit the statement 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 the said 3rd
the said 4th article mentioned, the Plaintiff was frequently under the
influence of drink,
3. During the night of the 10th November, 1907, and the, morning
of the 11th November, 1907, whilst, a violent gale, was blowing and the
ship was in danger, the Plaintiff was wholly drunh and was incapable
of attending to his duty its waster of the said ship; and in consequence
of the condition of the Plaintiff much damage, was done to the said
ship, and the said ship was almost put ashore.
4. The damage in the 4th 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 Faltmouth.
5. The Defendants, having received information of the above facts
on. the arrival of the said ship at Faltmouth, and having made due
inquiries concerning the same, had reasonable and probable cause to
and did discharge. the Plaintiff from his employment as master of the
said ship on the 23rd November, 1907.
. 6. The Plaintiff on the 12th November, 1907, whilst the said ship
was at Faltmouth, wrongfully and improperly tore out cmd destroyed
certain entries which had been made, by the mate of the said ship in
her log-book relating to the said voyage front Cardiff to Falmouth;
and the Plaintiff substituted in the said log-book entries made by him-
self with intent to conceal the true, facts of the said voyage from the
Defendants.
7. The Defendants bring into Court the surr, of $1,040 in respect of
the, Plaintiff's claim for wages and disbursements, and say that the said
sum is enough to satisty the Plaintiff's said claim in that behalf. The
Defendants offer to pay the Plaintiff's costs to this tirne in respect of
those two causes of action.
. Dated the day of 19 .
(Signed.) C.D., E.F., etc., Defendants.
REPLY.
In the Supreme Court of hongkong, Admiralty Jurisdiction.
[Title of Action]
The Plaintiff denies the several statements contained in the answer
lor as the case may be].
Dated the day of 19 .
(Signed.) A. B., Plaintiff.
(5.) In an Action for Seamen's Wages :
PETITION.
In the Suprenle Court of Hongkong, Admiralty Jurisdiction.
[Title of Action.]
Writ issued 19 .
1. The Plaintiff, A.B., wus as mate of the British brig
'Bristol'at the rate of $ per month, and in pursuance
of
of that entpagerriont served asrnate on board the said brig from the
day of 19, to the day of
19 , and during that time as mate of the said brig
earned wages amounting to $ . After giving credit for
the sum received by him on account, as shown in the schedule hereto,
there remains clue to him for his wages a balance of $
2. The Plaintiffs, C.D., E.F., and G.H. were engaged as able
seamen on board the said brig, and, having in pursuance of that
engagement served as able seamen on board the qtid brig during the
periods specified in the schedule hereto, earned thereby as wages the
sums set forth in the same schedule, and after giving credit for the
sums received by them respectively, on account of the said wages,
there remain due to them the following sums, namely,-
To C. D. the sum of $
To E. P. the sum of $
To G.H. the sum of $
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 there remain due to them the following
sums, namely,-
To I.E. the sum of $
To L.M. the sum of $
SCHEDULE referred to above
Wages due to A.B., mate, from the 19 , to the 19
Month and day, at $ per month.
Less received on account ... $
Balance due . ... .......... $
Wages due to C.D., able seaman, from the 19 , to the
19 , months and days, at $
per month.
Less received on account................ $
Balance due ... ........................ $
[and so on with the wages due to other Plaintiffs.]
The Plaintiffs claim-
1. The several sums so duo to them respectively, with the costs of
this action.
2. Such other relief as the nature of the, case may require.
Dated the day of 19 .
(SIGNED.) A.B. etc., Plaintiffs.
(6.) In an Action for Bottomry :
PETITIOX.
In the Supreme Court of Hongkong, Admiralty Jurisdiction,
[Title of Action.]
Writ issued 19 .
1. In the month of July, 1906, the Italian barque, 'Romaa Capilale',
was lying in the port if Rangoon in the Pegu Division of British
Burmall, and Pietro Ozilia, her master, being want of funds, was
compelled to borrow oil bottomry of the said barque and her freight
from the Cassa Marittima di genova the sum of L3,478 7s 11d for
the necessary and indispensable repairs, charges, and supplies of the
said vessel in the said port or 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
consideration of the sun 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 maritlime, 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 s Genova, their suc
cessors or assigns, the sum of L4.278. 8s, 7d. (which included the
principal charges and the maritime interest due thereon), within 30 days
after the said barque should arrive at her port of discharge; and the
said bond provided that the Cassa Marittima di Genova should tahe
upon themselves the maritime risk of the said voyage.
3. The 'Roma Capitale' has since successfully prosecuted her said
intended voyage for which the aforesaid bond was granted, and arrived
at as her port of dischange oil or about the 80th
1907.
4. Before the issue of the writ in this action the said bond became
due and payable, and was duly indorsed by the said Cassa Marittima di
Grenova to the Plaintiffs, who thereby became and are the, legal holders
thereof, and the sum of L4.278. 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 condcimnation of the said barque 'Roma Capitale ' and
her freight in the equivalent in Hongkong currency of the sum
of L4,278. 8s. 7d., with interest thereon at the rate of $8 per
cent. per annum from the time when the said bond became pay-
able, and in costs,
3. A sale of the said barque and the application of the proceeds of
her sale and of fler freight in pato tile Plaintiffs of the
said amount and interest and costs.
4. Such further and other relief as the nature of the case may
require.
Dated the day of 19 .
(Signed.) A.B., etc., Plaintiffs.
(7.) In an Action for Mortgage:
PETITION
In the Supreme Court of hongkong, Admiralty Jurisdiction.
[Title of Action.]
Writ issued 19 .
1. The above-named brigantine or vessel 'Jumper' is a British ship
belonging to the port of , of the registered
tonnage of 109 tons of thereabouts, and, at the time of the mortgage
hereinafter mentioned, Thomas Brock, of , was the
rcaistered owner of the said brigantine.
2. On the 4th July, 1906, 32-64th parts or shares of the said
brigantine were mortgaged by thc said Thomas. Brock to the Plaintiff,
to secure the payment by the said Thomas Brock to the Plaintiff of
the sum of L400, together with interest thereon at the rate of 5 per
cent. per annum on or before the lst, July, 1907.
3. The said mortgage of the,---Juniper---was made by an instrument
dated the 4th July, 1906, in the form prescribed by the Merchant
Shipping Act, 1894, and was duly registered in accordance with the
provisions of the said Act.
4. No part of the said principal sum or interest has been paid, and
there still remains due and owing to the Plaintiff on the said mortgage
security the principal sum of L400, togetlier with a large stun of money
for interest and expenses, and the Plaintiff, although he has applied
to the. said Thomas Brock for payment thereof, cannot obtain payment
without the asistance of this Court.
The Plaintiff claims-
1. Judgment for the equivalent in hongkong currency of the said
principal sum of L400, together with interest and expenses.
2. To have an account taken of the arnount due to the Plaintiff.
3. Payment, out of the proceeds of the said brigantine now remain-
ing in Court, of the aniount fonnd due to the. Plaintiff, together
with costs.
4. Such further and other relief as the nature of the case may
require.
Dated the day of 19 .
(Signed.) A, B, Plaintiff.
(8.) In an Action between Co-Ownors (for Account).
PETITION.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of Action.]
Writ issued 19 .
1. The 'Horloch' is a sailing ship of about 10 tons register, trading
between and
2. By a bill of sale, duly registered oil the 11th June, 1897, 'the
Defendant, John Horlock, who was then sole owner of the above-
named ship - Horloch, - transferred to Thomas Woraker, of
, 32-64th parts or shares of the. ship for the sum of $3,200.
3. By a subsequent bill of sale, duly registered on the 16th
December, 1906, the said Thomas Worraker transferred his said
32-64th shares of the. ship to George Wright, the Plaintiff, for the sum
of $1,750.
4. The Defendant, John Horlock, has had the entire. managenment
and the command of the said ship from the 11th June, 1897, down to
the present time.
5. The Defendinit has from time to time, up to and including the
24th September, 1904, rendered accounts of the earnings of the ship
to the afore-mentioned Thomas Worraker, but since the said 24th
September, 1904, the Defendant has rendered no accounts of the.
earnings of the ship.
6. Since the 16th December, 1906, the ship has continued to trade
between and and the Plaintiff has made
several applications to the Defendant, John Horlock, for an account
of the earnings of the ship, but such applications have proved
ineffectual.
7. The Plaintiff is with the of the ship, and
consequently desires that she may be sold.
The 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 ill the amount which shall be
folind due to tile Plaintiff in respect thereof, and ill the costs of this
action.
3, Such further or other relief as the nature of the case may require.
Dated the day of 19 .
A. B_ Plaintiff.
ANSWER.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of Action.]
1. The defendant denies the statements contained in paragraph 2 of
the petition.
2. The Defendant further says that he never at any time signed any
bill of sale transferring any share whatever of the said ship 'Horlock'
to thc said Thomas Worraker, and further says that, if any such bill
was registered as alleged on the 11th June in the said 2nd paragraph
(which the Defendant denies), the same was made and registered
alld without the knowledge, consent, or authority of the
Defendant.
3. The Defendant does not admit the statenients contained in the
3rd paragraph of the petition, and says that if the said Thomas Wor-
raker transferred any shares of the said ship to the Plaintiff is alleged
(which the Defendant does not admit), he did so wrongfully, and un-
lawfully, and that he had not possession of or any right to or in respect
of the said shares.
4. The Defendant denies the statements contained in paragraph 5 of
the petition, and says that he never rendered any such accounts as
alleged therein.
5. The Defendant does not admit the statements contained in
paragraph 6 of the petition.
Dated the day of 19 .
(Signed..) C, D., Defendant.
REPLY.
In the Supreme Court of Hongkong, Admiralty Jurisdietio
[Title of Action.]
The Plaintiff denies the several statements in the answer.
Dated the day of 19 .
(Signed.) A. B., Plaintiffi
(9.) In an Action for Possession
PETITION.
In the Supreme Court of Honakong, Admiralty Jurisdiction.
[Tille of Action.]
Writ issued 19 .
1. The Plaintiffs are registered owners of 44-64th shares in the British
ship - Native Pearl,- and such shares are held by thern respectively as
follows:-
Morgan Parsall Griffiths is owner of 16-64th shares, Edmund Nicholls
of 8-64th sharcs, Williain Meager 4-64th shares, Isacle 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 Jolin Nicholas Richardson, has not
nianaged the said ship to the satisfaction of the Plairitiffs, and has, by
his management of her, occasioned great loss to the Plaintiffs : and
the Plaintiffs in consequence thereof, before the commmencent 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 frorn 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 Plaintiffis, and tlie, Plaintiffs cannot obtain possession
of them without the assistance of this Court.
4. The Defendant has alld refilsed to render proper ac-
counts relating to the management and earnings of the said ship, and
such accounts are still outstanding and unsettled between the Plaintiffs
and the Defendant.
The Plaintiffs claim-
1. Judgment giving possession to the Plaintiffs of the said ship and of
her certificate of registry.
2. To have an account taken, with the assisttance, 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 otlier relief as the nature of the case may
require.
Dated the day of 19 .
(Signed.) A. B_ etc., Plaintiffs.
(10.) In the Action for Necessaries
PETITION.
In the Supreme Court of hongkong, Admiralty Jurisdiction.
[Title of Action.]
Writ issued 19 .
1. The Plaintiffs, at the time of the occurrences hereinafter mention-
ed, 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, 1906, was lying in the said port of
under the command of one George Lazzaro, a foreigner, her master
and owner, and in the said inon.th of September she proceeded on her
voyage to
3. The Plaintiffs, at the, request and by the direction of the said
master, supplied, during the said months of June, July, August, and
September, 1906, stores and other necessaries for the necessary use of
the said ship upon the said then intended voyage to the value of L412.
16s. 9d., for which surn an acceptance was given by the said George
Lazzaro to the Plaintiffs; but on the 4th February, 1907, the said
acceptance, which then becarne due, was dishonoured, and the said
sum of L412. 16s. 9d., with interest thereon from the said 4th
February, 1907, still remains due, and unpaid to the Plaintiffs.
4. In the month of August aforesaid the Plaintiffs, at the request of
the said master, advanced to him the sum of L100 for the necessary
disbursements of the said ship at the said port of
and otherwise on account of the said ship; and also at his request paid
the sum of L11, 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 L61, with interest thercon from the 5th January, 1907, on which
last-mentioned day a promissory note given by the said George
Lazzaro to the Plaintiffs for the said sum of L61 was returned to them
dishonoured.
5. The Plaintiffs, also, at the said master's between the Ist
September, 1906, and the commencement of this action, paid various
sums amounting to L84. 17s. for the insurance of their said debt.
6. The said goods were supplied and the said surns advanced and
paid by the Plaintiffs upon tbo 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 Hongkotig currency of the said
sums of L412. 16s, 9d., L61, and L84. 17s., together with interest
thereon.
2. That the Defendant [and this bali] 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 together with costs.
3. Such further and other relief as the nature of the case may
require.
Dated the day of 19 .
(Signed.) A_B., ctc,, Plaintiffs.
(11.) In ant Action for Condemnation of a Ship or Cargo, etc.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of Action]
Writ issued 19 .
statc briefly the circumstances of the seizure, or, if an Affidavit of
the circumstances has been filed, refer to thc Affidavit.
A.B. [state name of person suing in the of the Crown] claims-
The condemnation of the said Ship [and het 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 enaged in the Slave Trade [or as having been captured from
pirates, or for violation of the Act s. or as the case
may be]
Dated the day of 19 .
(Signed.) A. B.
(12.) In an Action for Restitution of a Ship or Cargo :
PETITION.
In the Supreme Court of Hongkong. Admiralty Jurisdiction.
[Tilte of Action,]
Writ issued 19 .
State briefly the circumstances of the seizure.
A.B. [state name of person claiming restitution] claims-
The restitution of the said vessel [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 19 .
(Signed.) A. B_ etc., Plaintiffs.
(13.) In a Piracy case, where the Captors intend to apply for bounty,
add-
A.B. fuuther prays the Court to declare-
(1) That the persons attacked or enaged were pirates.
(2) That the total number of pirates so attacked or engaged was
of whom werecaptured.
(3) That the vessel [or vessels and boats] engaged was [or were]
[and ].
Dated the day of 19 .
(Signed.) A. B.
(14.) In an Action for Recovery of any Pecuniary Forfeiture or
Penalty:
PETITION.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of Action.]
Writ issued 19 .
State briefly the circumstances, and the Act and section of the Act,
under which the penalty is claimed.
I, A.B., claim to have the Defendant condemned in a penalty of
$ , and in the costs of this action.
Dated the day of
19
(Signed.) A.B., Plaintiff.
Form No. 22. [Rule 66.]
IN(TICE OR MOTION.
In tile Supreine Court of lioligi~02ig, jul.isdic~ioll.
[Title of action]
Take notice that on [state day of week] the day of , 19 , the
Plaintiff[or defendant] will [by counsel or by his colicitor, if the motionis to be made
by Counset 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 moton to vary a
report of the registrar, the item object to must be specified] .
Dated the day of 19 .
(Signed.) A.B.
Plaintiff [or G.D., Defendant.]
Form No. 23, [Rule 71.]
NOTICE OF TENDER.
In the Supreme CouRT of HONGKONG, Admiralty Jurisdiction.
[Title of action]
Take notice thit I llave paid into Court, and tendor 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 this day of , 19 .
(Signed.) C. D.,
Defendant.
Form No. 24. [Rule 71.]
NOTICE ACCEPTING OR REJECTING TENDER.
In the Supreme Court of Hongkong, Admiralty Jurisdiction
Take notice that I accept [or reject] the tender made by the Defendant in this action.
Dated the day of , 19 .
(Signed.) A.B.,
Plaintiff.
FORM No. 25.
NOTICE FOR HEACING.
In the Supreme Court of Hongkong Admiralty Jurisdiction
Take notice that I set down this action for hearing.
Dated this day of , 19 .
(Signed.) A.B.,
Plaintiff [or O.D., Defendant.]
Form No. 26. [Rule 78.]
Registrar's Peport.
[L.S.]In the Supreme Court of hongkong, Admiralty Jurisdiction.
[Title of Action]
Whereas by a decree of the Court, dated the day of ,19 ,
the Court pronounced in favoui. of the Plaintiff [Or Defendant] , and condemned the
Defendant [or Plaintiff] bind the Ship [or as the case may be]
in the amount to be found due to the Piainliff [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 to report the amount due : Now I do report that I
have, with the assistance of [here state anmes and description of assessors, if any,]
carefully examined the account and vochers and the proofs brought in by the Plain-
tiff For Defendant] in support of his claim [or counterclaim], and having on the
day of , 19 , heard the evidence of [state names] who where
examined as witnesses on behalf of 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 (is the casc may be], I find that there, is due to the Plaintiff
For Defendant] the sum of $ [state sum, fit letters and together with
interest thereupon as stated in the schedule hereto annexed. I am also of opinion that
the Plaintiff [or Defendant] is entitled to the costs of this reference [or as the case
may be].
Dated the day of , 19 .
(signed) E.F., Registrar
SCHEDULE annexed to the foregoing Report.
No.
1 [Here state as briefly as possible the
2 several items of the claim, with the
3 amount claimed and allowed on
4 item in the Columns for figures opposite
5 the item.]
etc.
Total ....
With interest thereon from the day of , 19, at the rate of
per cent. per annum until paid.
(Signed.) E.P
Registrar.
FoRm No. 27.[Rule 112]
COMMISSION of ARREARISEMENT.
In the Supreme Court of Honghong, Admiralty Jurisdiction.
[Title of Action.]
GEORGE by the Grace of God, etc.
To the Bailiff of Our Supreme Court of hongkong, greeting.
Whereas Our said Court has ordered tbat [stole 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 inay 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 wliting, and signed by yourself and by
the appraiser or appraisers, to file the same in the Registry of Our said Court, together
with this commission.
Given at , in Our said Court under the Seal thereof, this day
of , 19 .
(Signed.) E.F.,
Registrar
Commission of Appraisement
Taken out by
Form No. 28, [Rule 112.]
COMMISSION OF SALE.
In the Supreme Court (if Hongkong, Admiraty Jurisdiction.
[Title of Action.]
1 GEorge: by the Grace of God, etc.
To the Bailiff of Our Suprcine Court of Hongkong, greeling.
Whereas Our said Court has ordered thah [state, whether ship or cargo, and stale
name of ship, and, if Port only of cargo, what part] shall be sold: We, therefore,
hereby command you to reduce in writing an inventory of the said [ship or cargo,
etc., as the case may be], and to cause the said [ship or or cargo, etc., as the case may
be,] to be sold by public auction for the higliest price that can be obtained for the
same.
And We further command you, as soon as the has been completed, to pay the
procceds arising therefrom into Our said Court, and to file an account sale signed by
you, together with this commission.
Given at , in Our said Court, under the Seal thereof, this day
of , 19 .
(signed) E.F.,
Comission of Sale. Registrar.
Taken out by
Form No. 29.[Rule 112.]
COMMISSION OF SALE
[L.S.] in the supreme court of hongkong, admiralty jurisdiction.
[Title of Action.]
GEORGE by the Grace of God, etc.
TO the Bailiff of Our Superme Court
Whereas Our Said Court has ordered that [state 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 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 tile appraiser or appraisers to cause the said [ship or cargo, etc., as
the case may be] to be sold by public auction for the lightest 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 court, and to file the said certificate of
appraisement and all account sale signed by you, together With this commission.
Given at , in our said court, under the seal thereof, this day
of , 19 .
(Signed.) E.F.,
Registrar
Commission of Appraisement and Sale.
Taken out by
Form No. 30.[Rule 112]
COMMISSION OF REMOVAL.
the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of Action.]
GEORGn by the Grace of God, etc.
To tile 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 the policy of insurance in
the sum of $ being deposited in the Registry of Our said Court; and whereas
a Policy of insurance for the sum has be so deposited: We, therefore, hereby
command you to cause the said sbip to be removed accordingly.
And We further, command you, as soon as, the removal has been completed, to file a
certificate thereof, signed by yon, ill the said Registry, together with this commission.
Givell at , in Our said Court, under the Seal thereof, this day
of , 19 .
(Signed.) E.F., Registrar
Commission of Removal.
Taken out by
Form No. 31 [Rule 112.]
COMMISSIoN FOR DISCHARGE OF CARGO
In the Supreme Court of hongkong, Admiralty Jurisdiction.
[Title of Action.]
GEORGE by the Grace of God, etc.
TO the Bailiff of our Supreme Court of Hongkong, greeting.
Registrar.
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 fit and proper place of
deposit.
And We further command you as soon as the discharge of the said cargo has beon
completed, to file your certificate, in the Registry of Our said Court, together
with this commission.
Given at , in Our said Court, under the Seal thereof, this day
of , 19 .
(Signed.) E.F., Registrar.
Commission for Discharge of Cargo.
Taken out by
Form No. 32. [Rule 112.]
COMMISSION FOR DEMOLITION AND SALE.
(In a Slave Trade Case.)
In the Supreme, Court of Hongkong, Admiralty Jurisdiction.
[Title of Actlion.]
GEORGE 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 tlic judge of Our said Court
to that effect, to cause the tomage, of the vessel to be
ascertained by such rule as shall tor the time being be, in force for the
of British Vessels, and further to cause the said vessel to be broken up, and the
materials thereof to be publicly sold in separate parts (together with her cargo, if any)
for the highest price that can be obtained for the same.
And We further command you, as soon as the sale has beem completed, to pay the
proceeds arising thelefrom into Our said Court, and to file an account sale signed by
you, and a certificate signed by you of the admeasurement and tomage of the vessel,
together with this corninission.
Given at , in Our said Court, under the Seal thereof, this day
of , 19 .
(Signed.) E.F., Registrar.
Commission for Demolition and Sale.
Taken out by
Form No. 33. [Rule 117.]
ORDER FOR INSPECTION
In the Supreme Court of hongkong, Admiralty Jurisdiction.
[Title of Action.]
On the day of , 19 .
Before,
The Court, on the application of [state whether Plaintiff or Defendant] ordered that
the Ship should be inspected by [state whether by the Bailiff, or by
the Assccssors of the court, or [as thc case may be,] and that a report in writing of
the inspection sbould be. lodged by him [or them] in the Registry of the Court.
(Signed.) E.F. Registrar.
Form No. 84. [Rule 118.]
In the Supreme Court of hongkong AdmiralLy Jurisdiction.
[Title of Action.]
Take notice thaf this action is discontinued.
Dated the day of , 19 .
(signed) A.B.
Plaintiff.
Form No. 35. [Rule 118.]
NOTICE TO ENTER JUDGMENT FOR COSTS.
In the Supreme Court of Admiralty Jurisdiction.
[Title of Action.]
Take notice that I apply to have jUdgment, entered for my costs in this action.
Dated the day of , 19 .
(Signed.) C.D.,
Defendant.
Form No. 36. [Rule 128.]
Notice of APPEAL TO HIS MAJESTY-IN-COUNCIL.
In the Supreme Court, of Hongkong, Admiralty Jurisdiction.
[Title of Aclion.]
Take notice that I, A.B., Plaintiff [or Defendant] appeal from the decree [or order]
of the Full Court made the day of , 19 .
Dated this day of , 19 .
(Signed.) A.B., Plaintiff [or Defendant.]
FORM No. 37. [Rule 185.]
ORDER FOR PAYMENT OUT OF COURT.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of Action]
I, Chief Justice [or Judge] of tile said Supreme Court, hereby
order payment of tee sum of [state sum in lellers] 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 Lo [state naine and uddress 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 re-
maining in Court.
Dated the day of , 19 .
(Signed.) J.K., Chief Justice [or Judge.]
Witness.
(Signed.) E.F., Registrar.
Form No. 38.
NOTICE FOR CAVEAT WARRANT.
In the Supreinc Court of Hongkong, Admiralty Jurisdiction.
[Title ol Actio2t.j
Take notice that 1, A.B., of apply ;or a caveat against the issue
of any warrant for the arrest of [state name and nature of Property], and I undertake,
within three days after being required to do so, to give bail to any action or counter-
claiml that may have been or may be, brought lightest tile saille in this Court in a sum
not exceeding [state sum in letters]dollars, or to pay such sum into Court.
My address for service is
dated the day of , 19 .
(Signed.) A. B.
FoRm No. 39. [RULE 136]
CAVEATWARRANT.
In the Supreme Court of hongkong, Admirally Jurisdiction.
[Title of Action]
Cavent entered this day of 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 addrcss at which, notice is
to be given], who bas undertaken to give bail to any action or counterclaim that may
have been or may be brought in the Court against thc said [statc name and nature
of property]
On withdrawal of caveat, add-
Caveat withdrawn this day of , 19 .
FORM NO. 40 [Rule 137.]
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 natare of property].
[if the person applying for the carcat is not a party to the action, he, must also state
his address and an address for service within three miles of the Registry.]
Dated the day of , 19 .
(Signed.) A. B.
Form No. 41,
In thp Supreme Court of hongkong, Admiralty Jurisdiction.
[Title of Action.]
Caveat entered this day of , 19 , the issue of any
release of [state name and nature of property] by [state name and address of person
entering caveat and his address for service].
On withdrawal of caveat, add-
Caveat withdrawn this day of , 19 .
Form No. 42. [Rule 138.]
NOTICE FOR CAVEAT PAYMENT
In the Supreme Court of Hongkong 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 in the action, he, must also state
his address and an address for service within three miles on the Registry.]
Dated the day of , 19 .
(Signed.) A. B.
Form No. 43. [Rule 138.]
CAVEAT PAYMENT.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of Action.]
Caveat entered this day of , 19 , against the payment of
any money [if for costs, add for costs, or as the case may be] out of the proceeds of
the sale of [state whether ship or cargo, and, if ship state name of ship, etc.] now
remaining in Court, without notice being first given to [state name and address of
person to whom, and addrees at which, notice is to be given].
On withdrawal of caveat, add-
Caveat withdrawn this day of
Form No. 44. [Rule 143.]
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 , 19 .
(signed) A.B.
Form No. 45. [Rule 144]
ORDER FOR PAYMENT
[L. S. ] In the Supreme Court of hongkong, Admiralty Jurisdiction.
[Title of Action]
Dated the day of , 19 .
Before
it is ordered that A.B., Plaintiff[or Defendant, etc.] to pay to C.D., Dendant [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-naned action.
(Signed.) E.F.,
Registrar
Fonm No. 46. [Rule 145.]
ATTACHMENT.
[L.S.] In the Supreme Court of hongkong, Admiralty Jurisdiction.
[Title of Action]
GEORGE by the Grace of God, etc.
To the Bailiff of Our Supreme Court of hongkong, grecting.
Whereas Our said Court has ordered [state name and description of person to be
attached] to be for [state briiefly the ground of attachment]: We, therefore,
hereby command you to attach the said and to bring him before Our
said Court,
Given at , in Our said Court, under the Seal thereof, this day
of , 19 .
(Signed.) E.F.,
Registrar.
Attachment.
Taken out by
Form No. 47. [Rule 146]
ORDER FOR COMMITTAL.
[L. S.] In the Supreme Court of hongkong, Admiralty Jurisdiction.
[Title of Action.]
On the day of , 19 .
Before
Whereas A.B. [state name and description of person to be committed] has committed
a contempt of Court in that [state in what the contempt consist] and, having been
this day brought before the Court on attachment, persists in his said contempt, it is
now ordered that be committed to prison for the term of from the
date hereof, or until he shail clear himself from his said contempt.
(Signed.) E.F., Registrar.
Form No. 48. . [Rule 146.]
[L.S.] 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 , 19 .
(Signed.) J.K. chief Justice [or Judge.]
Form No. 49. [Rule 153.]
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
Dated the day of , 19 .
(Signed.) A. B.
Form No. 50. [Rule 156.]
MINUTE OF ORDER OF COURT.
In the Supreme, Count of Hongkong, Admiralty Jurisdirtion.
[Title of Action.]
On the day of , 19 .
Before
The Court on the applicatien of [state whether Plaintiff or Defendant] ordered [state
purport of order.]
Form No. 51. [Rule 156.]
MINUTE ON EXAMINATION OF WITNESSES.
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
On the day of , 19 .
[Title of Action.]
Before
A.B. [state whether Plaintiff or Defendant] produced as witnesses
[Here state miles of witnesses in full]
who, having been sworn [or as the case may be], were examined orally [if by inter-
pretation, add by interpretation of
FoRm No. 52. [Rule 156.]
MINUTE oF DECREE
In the Supreme Court of Hongkong, Admiralty Jurisdiction.
[Title of Action.]
On the day of , 19 .
Before
(1) Decree for an ascertained Sum:
The Court having heard [state whether Plaintiff and Defendant, or
their counsel or solicitors, or as the case may be], and having been
assisted by [state names and ddescriptions of assessors, if any], pro-
nounced 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 decree is for costs]. And condemned-
(a) in an Action in Rem where Bail has not been given;
the Ship [or cargo ex the Ship or proceeds of
the Ship of the cargo ex the, Ship , or as
the case may bel 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 Sun not ascertained:
The Court having heard, etc. [as above], pronounced in favour of
the Plaintiff's claini ror Defendant's counterelaini] 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 all
account should be tahen, and,
(a) if the amount is to be 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 concdenmned the 111airitiff and his bail [if bail has
been given] in costs.
(4) Decree for Condemnation of a Derelict subiect to Salvage:
The Court having heard, etc. [as above] pronounced the sum of
[state sum in letters] to be clue, to A.B., etc., for salvage, together
with costs, and subject thereto, cendernried the said Ship [or
cargo or proceeds of ship or of cargo, etc., ap the case may be] as a
droit and perquisite, of His Majesty in his Office of Admiralty.
(5) Decree in Action for Possession:
The. Court having heard, etc. [as above], decreed tliat possession of
the Ship should be given to the Plaintiff, and condernned
the Defendant [and his bail] in costs.
(6) Decree of Condemnation in a Slave Trade Action:
The. Court. having heard, etc. [as above-] pronounced fliat the vessel,
name unknown [or as the case may be] seize by H.M.S. - Torch -
on the day of . 19 , had been, at the time of
her seizure, enaged 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. IV c. 113 and 36 & 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
His Majesty [or condemned the said vessel and slaves as forfeited,
etc., but ordered that the cargo should be restored to tho 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 disposed of].
If the vessel has been brought into port, add-
The Court further ordered that the tonnage of the vessel should be
ascertained by the rule, in force for the admeasurement of British
vessels, and that the vessel should be broken up, and that the materials
thereof should be publicly sold in separate part, 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 justificable, 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, vfssel was inevitable
or otherwise under the circumstances proper and justifiable.
(7) Decrce of Restifidion in a Slave Trade Action;
The Court having heard, etc. [as above] pronounced that it had not.
been proved that the Vessel 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,
but without costs or daillages,
add, as the case may be,
or
on payment, by the said claimant of the costs incurred by the seizors
in this action;
or
and awarded to the said claimant costs and damages in respect of
detention of the said vessell 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) Decrec in case of from Pirates :
The Court having heard, etc. [as above] pronounced that the said
junk 'Tecumseh'[and her cargo] had been, at the time of the
capture, thereof by H.M.S. - Torch,- the property of pirates, and
condemned the same as a droit and perquisite of His Majesty in his
Office of Admiralty:
or
pronounced that the said Junk ' Tecumseh' [and her cargo] had,
prior to her recapture 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] should be ap-
praised;
If the junk, etc., has been cupficred after an engagement with the
pirates, and if there is a petition for bounty, add-
The Court further declared that the persons attacked or engaged by
H.M.S. 'Torch,' etc., on the occassion of the Capture of the said
junk were, pirates, thatthe total number of pirates so attracked
engaged was about that of that number were
captured, and that the only vessel engaged was H.M.S. - Torch - [or
as the case may be].
(9) Decree of Condemnation under Pacific Islanders Protection
Acts:
The Court having heard, etc. [as above] pronounced that the Ship
had been, at the time of her seizure lot- during the voyage on
which she was met], employed [or fitted out for employment] in viola-
tion Of the Pacific Islanders Protection Acts, 1872 and 1875, and it
condemned the said Ship [and her cargo, and all goods
and effects found on board, or as the case may be,] as forfeited to
His Majesty.
The Court further ordered that the said Ship [and her
cargo, and the said goods and effects] should be sold by public auction,
and that the proceeds should be paid into Court.
(10) Decree of Condemnation under Foreign Enlistment Acts :
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 Einlistment Act, 1870,
and condemnedd 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 His Majesty.
(11) Decree of Condemnation under Customs or Revenue Acts :
The Court having heard, etc [as above] condemned that the Ship
[or cargo or proceeds, etc., as the case may be] as forfeited to His
Majesty for Violation of the Act [state what Act].
(12) Decree for Pecuniary Forfeiture or Penalty under Customs Act
or other Act or Ordinance
The Court having heard, etc. [as above] pronounced the said goods
to have. been landed [or offier illegal act to have been done] in
violation of the Act [state Act or Ordinance] and condemned
the Defendant C.D. ['the owner of the said goods. or as the case may
be] in the penalty of $ imposed by the said Act [or Ordinance]
land in costs].
Form No. 53.
MINUTLS IN AN ACTION FOR DATMAGE BY COLLISION.
A. B. etc.,
No. against
The Ship - Mary.
Jan. 3 A writ of summons [and a warrant] was [or were] issued
to E.F. on behalf of A.B., etc., the owners of the ship
'jane' against the ship ' Mary ', [and freight, or as the
case may be] in all action for damage by collision. Amount
claimed $10,000.
G.H. filed notice, of appearance on behallf of C.D.1 etc.,
the owners of the ship ' Mary. '
19
Jan. 6
E. F. filed writ of summons.
The Bailiff filed warrant,
7 G. H. filed ball 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.
8 E. F. filed Preliminary Act [and notice of motion for
pleadings].
G. H. filed Preliminary Act.
10 The Court having heard solicitors on both sides [or as
the case may be] ordered pleadings to be filed.
E. F. filed petition.
14 G. H. filed answer [and counterclaim].
15 E. F. filed reply.
16 The Court having heard solicitors on both sides ror as the
case may be] ordered both Planitiffs and Defendants to
file affidavits of discovery, and to produce, if required, for
mutual inspection the documents therein set forth, within
three days.
18 E. F. filed affidavit of discovery.
19 G. H. filed affidavit of discovery.
22 E. F. filed notice of trial.
E. F, produced as witnesses [state names of witnesses],
who having been swore explained orally in Court, the
said [state names] having been sworn and examined by
interpretation of [state name ofinterpreter of
the language. Present[state names of
assesst) prestnt if any] assessors.
G.H. produced as witmesses, etc., [as above].
The Court having heard [State whether Plaintiffs and
Defendants, or their (.oii)tscl or solicitors, (is tl~e casc may
bel, and having been assisted by [state names and descrip-
tions of assessors, if any], pronounced in favour of the
Plaintiffs [or Defendants] and condemned the Defendants
[or Plaintiffs] and their bail [if bail has been givenj in the
amount to be, found due to the Plaintiffs [or Defendants]
land in costs]. And the Court ordered that an account
should be taken, and referred the same to the Registrar
[assisted by merchants] to report the amount due., and or-
dered that all accounts and vouchers, wilth the proofs in
support thereof, sliould be filed within days [or as
the case may be].
Feb. 5 E. F. filed statement of claim, with accounts and vouchers
in support thereof [numbered 1 to ]and affidavits
of [state names of deponents, if any].
19
Feb. 8 G. H. filed accounts and vouchers [numbered 1 to
in answer to claim.
9 E. F. filed notice for hearing of reference.
15 E. F. [or G. H.] filed Registrar's repert, etc.
Here insert address for service Here insert, address for service of
of documents required to documents requircd to be
be served on the Plaintiffs. served on the Defendants.
NOTE-The above minutes are given as such as might ordinarily be required in an
action in rem for damage by collision, whereL pleadlings have been ordered.
In some actions many of these minutes would be superfluous. In others
additional minubes would be required.
II. FEES OF COURT AND ASSESSORS' FEES.
Court Fees [Rule 164.]
$c.
1. Scaling any release, commission,
or other instrument requiring to be scaled (other
than a writ of simimons or subpoena) ... ... 10.00
2. Filling a bail bond ... ... 5.00
3. Order for reference, ... ... 10.00
4. Filing -Preliminary Act ... 5.00
5. Notice issued by Registrar... 1.00
6. Bailiff atteriding unlivery of cargo (to be paid in cash.)
for each day ... ... ... ... ... ... 10.00
7. Bailiff executing any commission of appraisement, or
sale, or appraisement and sale, exclusive of the
fees, if any, paid to the appraiser and auctioneer... 5.00
8. Bailiff excetiting any other commission or instrument or
any warrant or attachment ... ... ... ... 2.50
9. On the gross proceeds of any ship or goods etc., sold
by order of the Court (to be deducted from the pro-
ceeds in Court) if not exceeding $1,000 ... 10.00
10. For every additional $1,000 or part thereof ... 5.00
11. For every matter or proceeding not above specified the same fee
as is tahen in the Original Jurisdiction in respect of a similar matter
or
Assessors' Fees [Rule 166.]
1. For each nautical or other assessor, whether at tile, ex- From
amination of witnesses, or at the trial olf an actioll, or it the 10.00
hearing of ,in appeal, or upon any assessment of damages or to
taking of an account, according to the case, per diem. 50.00
Note-The r~bove feeq Phall be 1)a~(1 to the Registrar for tho ill cash and
in the first instaree by the party pre'erring that claini or, in the case of an appeal, by
the appellarit.
Short title. Admiralty rules. 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. Service in action in personam. Mode of service on firm. Mode of service on corporation, etc. Mode of service in case of disability, etc. Time for service, etc. Certificate of service. Filing of appearance. Appearance. after time. Indorsement on appearance of set-off or counterclaim. Particulars of appearance. Joinder of parties having some interest. 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 services 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 questions 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; where several plaintiffs, etc. General course of proceedings Hearing of counsel. Judgment where action uncontested. Reference for assessment of damages, etc. Proceedings on reference. Attendance of counsel. Report of result. Notice and filing of report. Motion to vary report. Order an hear 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. 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. Filling 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 of appeal and giving of bail for costs. Carrying decree into effect notwithstanding appeal. Prosecution of appeal. Preparation of process. Contents and transmission of process. Mode of 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. Consequence of entry of caveat warrant. Consequence 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 thereof. Inspection of records of action. Registration of right of inspection. Inspection of records of terminated action. Right to office copy of document. Use of forms. Table of Court fees. Mode of payment of Court fees. Fees of assessors. Allowance of fees on taxation. Half fees. Regulation of practice and procedure outside the Rules.
Abstract
Short title. Admiralty rules. 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. Service in action in personam. Mode of service on firm. Mode of service on corporation, etc. Mode of service in case of disability, etc. Time for service, etc. Certificate of service. Filing of appearance. Appearance. after time. Indorsement on appearance of set-off or counterclaim. Particulars of appearance. Joinder of parties having some interest. 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 services 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 questions 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; where several plaintiffs, etc. General course of proceedings Hearing of counsel. Judgment where action uncontested. Reference for assessment of damages, etc. Proceedings on reference. Attendance of counsel. Report of result. Notice and filing of report. Motion to vary report. Order an hear 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. 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. Filling 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 of appeal and giving of bail for costs. Carrying decree into effect notwithstanding appeal. Prosecution of appeal. Preparation of process. Contents and transmission of process. Mode of 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. Consequence of entry of caveat warrant. Consequence 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 thereof. Inspection of records of action. Registration of right of inspection. Inspection of records of terminated action. Right to office copy of document. Use of forms. Table of Court fees. Mode of payment of Court fees. Fees of assessors. Allowance of fees on taxation. Half fees. Regulation of practice and procedure outside the Rules.
Identifier
https://oelawhk.lib.hku.hk/items/show/884
Edition
1912
Volume
v1
Subsequent Cap No.
4
Cap / Ordinance No.
No. 6 of 1896
Number of Pages
63
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SUPREME COURT (ADMIRALTY PROCEDURE) ORDINANCE, 1896,” Historical Laws of Hong Kong Online, accessed April 28, 2025, https://oelawhk.lib.hku.hk/items/show/884.
