CO129-271 - Governor Sir Robinson - 1896 [1-4] — Page 194

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APPENDIX.

Rec?

5050

(RECP 6 MAR 96

192

1. FORME

No. 1.

Rule 199.

169. The Civil Procedure Code of Herdy Long was adapted mainly from (1) The Rules

Court

for

"

the suprences China and Japan 186§“. (2) The Judian Civil Procedure Code 1889 and (3) the common

4

Law

As in Admiralty Prosedure deto proceedings English practice has hitherto been followed, I think. it would be better (except as to matter. specified in the Ruber) to preser

English prastée

ition to apply the Civil Proce -dure gode.

g.l.

This would I think be a

to leave with

porve

the Chief Justice. A. Rule made thereunder would not d'assume be a Rule made wuder Deaf of the act so as to require wither the approval of this Majesty in Connait under subarction (1) on the declaration dispersing with such approval sinda

subsection (2).

24

The additional rules andregulations for the several courts of Vice Admiralty abroad, established by an Order in Council y the 6th July 1859....

of

d) Any of the above-mentioned Rules and Regulations, is extended by subsequent Orders in Connoilta other Vice- Admiralty Courts.

UASES NOT PROVIDED FOR.

207. In all cases not provided for by these Rules the practice of the Admiralty Division of High Court of Justice of England shall be followed.

COMMENCEMENT OF RULES.

208. These rules shaft come into operation on the 1st day of January 1884, and shall apply to all actions commenced on or atter that day. Actions commenced before that day may, by consent of parties, and with permission of the judge, be con- tinued under these rules on such terms as to the judge shall seen

fit.

All ordmanow having refer to the pu Pudice and procedure of the supre.

to the form and a durission rigardo evideirce and as the form and administe

baths and deĝlocations and as lo of Subpoenas and as to the form of affidan and declarations and as to the exaurine

de

欢腱

to

of witnesses before trial and as to the live for doing any dotor taking a prooeding in an action and enforcing any gree or order shad so far as the same way be applian and art insonsistent with the pre rules apply to

we drugs in the ar In all oltiin case, not

prosse

provided by these Rules the practice of

lty Division of the tigh Court

Admin by degraux chate &. follow

eway from live Fourt duly made t

10 The Chief time by

Rule of published as by

Juslice

law provided and

or alter the above Rules in respect any of the following

waltero piz

The forms to be used, the Court or tu fees to be taken and the arealer of the and barristers to be allowed on les and ma

in like mame a

ร

from to

to time alter amend or revoke such rule of Court as occasion sequen

No.

TITLE OF ACTION IN REM,

There insert the number of the action].

Rule 4.

A.E., Plaintiff,

against

(a) The Ship.

or (b.) The Ship

or (c) The Ship.

and freight.

her cargo and freight.

or (if the action is against cargo only),

(d) The cargo er the Ship [state name of ship on board

of which the cargo now is or lately was luden].

or (if the action is against the proveeds realised by the sale

of the Ship or cargo),

(e) The proceeds of the Ship

or (f) The proceeds of the cargo ez the Ship

or us the case may be. Action for state nature of action, whether for damage by collision, wages, bottomry, de, as the case may be).

No. 2.

TITLE OF ACTION IN PERSONAM.

No.

[here insert the number of the action). A.B., Plainti

against, The Owners of the Ship

[or us the case may be Action for [stale nature of action as in preceding form.]

j.

Rule 4.