THE HONGKONG GOVERNMENT GAZETTE, JANUARY 29, 1915.
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be paid thereby, as the case may be; and provided also that, where the ship so requisitioned is subject to the provisions of Order XXVIII. Rule 1, relating to detention, the amount for which the Crown shall be considered liable in respect of such requisition shall be the amount of the damage, if any, which the ship has suffered during such temporary delivery as aforesaid.
4. That Form No. 54 in Appendix A. to the said Rules shall be omitted.
ALMERIC FITZROY.
WE
AT THE COURT AT BUCKINGHAM PALACE,
THE 28TH DAY OF NOVEMBER, 1914.
PRESENT,
THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.
"HEREAS by Section three of the Prize Courts Act, 1894, His Majesty in Council is authorized to make Rules of Court for regulating, subject to the provisions of the Naval Prize Act, 1864, and the said Act, the procedure and practice of Prize Courts, within the meaning of the Naval Prize Act, 1864, and the duties and conduct of the Officers thereof and of the Practitioners therein, and for regulating the fees to be taken by the Officers of the Courts, and the costs, charges, and expenses to be allowed to the Practitioners therein :
And whereas in pursuance of the Prize Courts Act, 1894, certain Rules were made by His Majesty's Order in Council dated the 5th day of August, 1914, and amended by His Majesty's Order in Council of the 30th day of September, 1914, which said Rules, and amended Rules, were by the said Orders in Council directed to take effect provi- sionally in accordance with the provisions of Section two of the Rules Publication Act, 1893, from the dates of the said Orders in Council respectively:
And whereas the provisions of Section one of the Rules Publication Act, 1893, have been complied with in respect of the said Rules, and amended Rules, and the same were finally made by His Majesty's Orders in Council dated respectively the 17th day of September, 1914, and the 28th day of November, 1914:
And whereas it is expedient that the said Rules should be further amended:
And whereas on account of urgency this Order should come into immediate opera- tion:
Now, Therefore, His Majesty, by virtue of the powers in this behalf by the said Act or otherwise in Him vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:---
1. That in Order XXVII. (Enforcement and Execution of Decrees and Orders) of
the said Rules the following shall be added to Rule 1 (1):—
'Provided that on the application of the proper Officer of the Crown the Court shall order delivery of the property to the Crown in lieu of sale, and if at the time of such application an Order for sale has already been made but no sale has taken place, the Order for sale shall be rescinded for the purpose of giving effect to such application, but the Order for delivery to the Crown may, if the Court thinks fit, be made subject to payment by the Crown of such costs, expenses, or other sums, as might have been ordered to be paid out of the proceeds of sale if the property had been sold under Order of the Court."
2. This Order shall take effect provisionally in accordance with the provisions of
Section two of the Rules Publication Act, 1893, from the date hereof.
ALMERIC FITZROY.