TEMBER 24, 1839.]
The Hongkong Government Gazeitę.
Her Majesty, having taken the said Memorial and the additional Rules and Regulations for the several Courts of Vice-Admiral Y abroad panying the same into consideration, was pleased, by and with the advice of Her Privy Council, to approve thereof, and to order, as it is ordered, that the said additional Rules and Regulations (a copy whereof is hereunto annexed) shall be enforced and take effect from day of January 1860. And the Right Honourable the Lords Cominissioners of the Admiralty are to give the necessary directions ccordingly.
(Signed)
WM. L. BATHURST.
ADDITIONAL RULES AND REGULATIONS FOR THE VICE-ADMIRALTY COURTS ABROAD.
Preliminary Acts in
1. In all cases of Damage, unless the Judge shall be pleased otherwise to direct, each Party or his Proctor shall, Damage Causea.
the libel or act on petition is given in, bring into and deposit in Court a sealed packet containing a statement of
wing particulars :-
The names of the two vessels which came into collision, and the names of their respective masters.
The time of the collision as nearly as can he stated.
5. The place of the collision.
4. The direction of the wind.
5. The state of the weather.
The courses of the respective vessels on first sighting each other.
*. The distance at which the other vessel was first seen.
The steps taken to avoid the collision.
2. The parts of each vessel which first came into contact.
And such packets shall remain in the Registry sealed up and shall not be opened save with the permission of the antil the proofs in the cause are brought in, or the whole of the pleadings and evidence are concluded, and such
nts shall be called the "Preliminary Acts," and may be in form of the Schedule hereto annexed, marked A.
It shall be competent to the Court, if it shall think fit so to do, and if the Parties in the cause consent thereto, Cause may be heard at the evidence to be taken upon the Preliminary Acts, and without its being necessary to bring in any further on preliminary Acts
s in the cause.
li. In procceilings by act on petition, the Proctor by whom the Act is to be commenced shall, on an appearance iven to the action, be assigned to bring in his act on petition by a time to be then fixed by the Judge or his Sur- ; and on his bringing in the same he shall deliver a copy thereof to the adverse Proctor, who shall thereupon be to bring in his answer thereto by such further time as may be then fixed by the Judge or Surrogate; and on swer or any subsequent writing to the Act being brought in, the Proctor bringing in the same shall deliver a copy to the adverse Proctor, and a similar assignation shall be made on the adverse Proctor to bring in his reply And when both Proctors decline to write further to the act, a Conclusion (form of which is herennto an- marked B.), shall be brought in signed by both the Proctors, and, on the proofs being given in, the cause shall med for hearing.
and Evidence.
In the event of a Proctor not complying with the assignation made upon him to bring in his act on petition Court may dismiss the time specified for such purpose, the Court may dismiss the cause. And if after the act on petition shall have Cause or conclude Act, en in, either Proctor shall fail to comply with any assignation made upon him to bring in any subsequent writ- if Assignation not com- the act, the Court may conclude the act, and assign the Proctors to bring in their proofs within a time to be then plied with. in order that the cause may be set down for hearing.
In proceedings by plea and proof upon a libel or allegation being given in, an assignation shall be made upon Proceedings by Plen rso Proctor to bring in his allegation responsive thereto on some day to be then fixed by the Judge or Surrogate, and Proof. libel or allegation so given in as aforesaid shall stand admitted, unless the adverse Proctor shall within four days
the giving in of the same declare in Acts of Court that he opposes the admissibility thereof.
VI. No witness shall be examined on any plea until after the pleadings in the cause have been concluded, except the permission of the Court, and upon good cause shown.
VII. The witnesses may be examined in one or other of the following methods :-
1. Find rose in open Court.
2. By the Registrar or an Examiner of the Court in chambers.
By a Cuimmissioner specially appointed by virtue of a commission to be issued under Seal of the Court, form of
which is hereto annexed, marked C.
VIII. When the witnesses are to be examined in open Court, a list of the witnesses to be examined by each party is ven to the adverse Proctor forty-eight hours before the time appointed for their examination, provided that herein contained shall prevent the immediate examination of the witnesses, if both parties in the cause consent and the Court shall think fit to order it.
examined until Pleat
Witnesses not to be
ings concluded.
Examination of Wit-
nesses.
Examination in open
Court.
Witnesses whether
X. It shall be competent to the Court to summon and examine before it any witnesses, whether the proceedings "we been by act on petition or by plea and proof, and whether the witnesses shall or shall not have previously made previously examined or
ts or given evidence in the cause.
not may be summoned to give Evidence vivâ
Proctors may be pre-
X. In any examination by the Registrar or an Examiner, or a Commissioner specially appointed, the Proctors in voce.
se, or their substitutes, may, unless the Judge shall order to the contrary, be present; but the evidence, as well fas upon interrogatories, shall be taken down in writing by the Registrar, Examiner, or Commissioner, as the sent at the Examina. may be. The witnesses may be cross-examined upon interrogatories either prepared beforehand or framed and put tion in chambers.
g at the time of the examination, and after cross-examination, they may in the same manner be re-examined also written interrogatories; but the questions shall in all cases be put, and the interrogatories be administered, by the rar, Examiner, or Commissioner.
X. No Party in a cause, except by special leave of the Judge, shall be allowed to be present at such examination
Registrar, Examiner, or Commissioner, unless he shall be conducting the proceedings in person.
Parties in the Cause
And no Party, not to be present at 7. or substitute shall be permitted to take any part in such examination, cross-examination, or re-examination, or bers except in certain Examination in cham- ? manner to interfere with or object to the conct or proceedings of the Registrar, Examiner, or Commissioner, cases.
to design the witnesses to the several articles of the pleas, and to tender written interrogatories to the Registrar, er, or Commissioner, for the purpose of their being administered to the witnesses.
XII. It shall not be necessary to repeat a witness to his deposition, either in chief or on interrogatories; but the Not necessary to re- mar, Examiner, or Commissioner, who shall have taken the evidence shall certify at the foot of the deposition that peat Witness to his te has been read over audibly and distinctly to the witness, and that the witness has acknowledged the same to be Deposition.
SIII. If the witness refuse to sign his deposition, the Registrar, Examiner, or Commissioner who shall have taken the Deposition may be shall certify at the foot of the deposition that the witness has so refused, and that the deposition is in accordance read at the hearing, evidence given by such witness, and the deposition of such witness may thereupon be read and referred to at though Witness refuse ring of the cause.
to sign ft.
Court may direct Evidence to be taken down by writer.
IV. It shall be competent to the Court, whether the examinations take place in open Court, or before the Regis- Examiner, or Commissioner, to direct the evidence of the witnesses to be taken down by a shorthand writer or , who shall have been previou-ly s voru faithfully to report the evidence; and a transcript of the shorthand or reporter's notes, cerified by him to be correct, and approved by the Judge, or the Registrar. Exaruiner, or bner, as the case may be, shall be admitted to prove the oral evidence of the witnesses, and be taken down and evidence in the cause.
shorthand
Witnesses may be
Witnesses may be produced for examination before the Registrar in any reference made to him either alone or sistance of merchants, after they shall have been duly sworn to speak the truth; and the evidence shall, if either produced on a refer- the cause require it, be taken down by a shorthand writer or reporter appointed by the Court, who shall he ence before the Regis- iy sworn faithfully to report the evidence, and a transcript of the shorthand writer's or reporter's notes, certified be correct, and approved by the Registrar, shall be admitted to prove the oral evidence of the witnesses, and and used as evidence in any objection that may be taken to the Registrar's report on such reference.
trar.
XVI. All the pleadings and proofs in a cause may, if the Judge shall so direct, be printed prior to the hearing, and Pleadings, &c., may
ating shall be in such manner and form, and under such regulations in regard to the cost and mode of printing be printed."
as the Judge of the Court shall from time to time direct.
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