1915-HKRS29-1-1-5_Part02 — Page 5

And whereas by an Order in Council made in pursuance of the said Acts and dated the 23rd day of March 1915 the said rules were further amended as follows :----

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1. Order IX. Rule 1, is runended by the omission of the words

upon filing an affidavit" in the first and second lines thereof, and by substituting the words" any party other than the proper officer of the Crown" for the words

any other party" in the second and third lines thereof.

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2. Order XI, Rule 1, is amended by the omission of the words between the word "time" in the fourth line thereof and the word "order" in the fifth line thereof.

3. Order XV is amended by the addition of the following rule after Rule 20

thereof

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*Notwithstanding anything contained in these rules the proper officer of the Crown may apply to the Judge for leave to administer interrogatories "for the examination of any person whether a party to the cause or not,"

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4. Order XXIX amended by the Order-in-Council of the 28th November 1914

is revoked and the following order is substituted therefor :-

"(1.) Where it isonade to appear to the Judge on the application of the proper "officer of the Crown that it is desired to requisition on behalf of Ilia Majesty a ship in respect of which no final decree of condemnation has been made, he shall order that the ship shall be appraised and that upon an undertaking being given in accordance with Rule 5 of this Order the ship shall be released and delivered to the Crown,

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"(2) Where a decree for the detention of a ship has been made in accordance “with Order XXVIII the proper officer of the Crown may file n notice

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(Appendix A, Form No. 55) that the Crown desires to requisition the same, and thereupon a commission (Appendix A, Form No. 56) to the "marshal directing him to appraise the ship shall issue. Upon an undertaking being givou in accordance with Rule 5 of this Order the ship shall be released and delivered to the Crown.

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"Service of this notice shall not be required batore filing, but copies thereof shall be served upon the parties by the proper officer of the Crown as soon thereafter as possible.

(3.) Where in any case of requisition under this Order it is made to appear to

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the Judge on behalf of the Crown that the ship is required for the

service of His Majesty forthwith, the Judge may order the same to be "forthwith released and delivered to the Crown without appraisement. "(.) In any case where a ship has been requisitioned under the provisions of *this Order and whether or not an apprisement has been made the Court may on the application of any party tix the amount to be paid by "the Crown in respect of the value of the ship.

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(3.) lu every case of requisition under this Order an undertaking in writing shall be filed by the proper officer of the Crown for payment into Couri on behalf of the Crown of the appraised value of the ship, or of the tamonut fixed under Role 4 of this Oriler, as the case may be, at such *time or times ne the Court shall declars by order that the same or any

part thereof is required for the purpose of payment out of Court,

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**(6.) Where in any case of requisition under this Order it is made to appear to the fudge on behalf of the Crown that the Crown desires to requisition

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the ship temporarily, the Court may, in lieu of an order of release,

uake an order for the temporay delivery of the ship to the Crow,

and subject as aforesaid the provisions of this Order shall apply to "such requisition; provided, that in the event of the return of the ship to the custody of the Court, the Court may make such order as it thinks "fit for the release of the undertaking given on behalf of the Crown or "the reduction of the amount undertaken to 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 I, relating to detou- tion, the amount for which the Crown shall be considered liable in respect of such requisition shall be the anont of the damage, if any, “which the ship has suffered by reason of such temporary delivery us "aforesaid,

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"(7.) The proceedings in respect of a ship requisitioned under this Order shall

continue notwithstanding the requisition,

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"(8.) In any case of requisition of a ship in respect of which no cause has been

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instituted, any person interested in such ship may without issuing a

writ, provided he does not intend to make a claim for restitution or damages, apply by summons for an order that the amount to be paid "In respect of such ship shall be ixed by the Court, and the Judge may on the hearing of such summons order the ship to be appraised or to be valued or give such other direction for fixing the amount as he may "think fit."

5. Form No. 4, in Appendix A, is amended by the omission of the words **Commander of our ship of war", and of the words "taken and seized as prize by our said ship of wor

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And whereas it is expedient that the said further amendments of the said rules should come into operation in this Colony :

Now therefore I Sir FRANCIS HENRY MAY Knight Commander of the Most Distin- guished Order of Saint Michael and Saint George Governor and Commander-in-Chief of The Colony of Hongkong and its Dependencies and Vice-Admiral of the same do hereby proclaim the said amendinents of the said rules in this Colony,

Giveu under my hand and the Public Seal of the Colony at Victoria Hongkong this 21st day of April 1915.

By Command,

GOD SAVE THE Kiso.

Claudlevem

Colonial Secretary.