CO129-271 - Governor Sir Robinson - 1896 [1-4] — Page 99

SCHEDULE.

RULES OF PROCEDURE

FOR THE

ADMIRALTY JURISDICTION OF THE

SUPREME COURT.

1. In the construction of these rules, and of the forms and tables of fees annexed thereto, the following terms shall (if not inconsistent with the context or subject matter) have the respective meanings bereinafter assigned to them; that is to say :----

*Court" shall mean the Supreme Court of Hongkong and shall include any Judge thereof whether sit- ting in Court or in Chambers.

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Registry" shall mean the Registry of the Court; "Registrar" shall mean the Registrar of the Court, or

any Deputy Registrar thereof;

"Action" shall mean any action, cause, suit, or other

proceeding instituted in the Court

"Plaintiff shall include the plaintiff's solicitor, if he

shes by a solicitor;

"Defendant" shall include the defendant's solicitor, if

he appears by a solicitor;

"Party" shall include the party's solicitor, if he sues

or appears by a solicitor;

"Ship" shall include every description of vessel used

in navigation not propelled by oars only; "Month" shall mean calendar mouth,

ACTIONS.

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 any 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 distinguishing number of the action, and shall be written or printed on all documouts in the action as part of the title thereof. Forms of the title of an action will be found in the Appendix hereto, Nos. 1, 2, and 3.

WRIT OF SUMMONS.

5. Every action shall be commenced by a writ of sum- mons, which, before being issued, shall be indorsed with a statement of the nature of the claim, and of the relief or remely 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 shall be sued out. Forms of writ of summons and of the indorsements thereon will be found in the Appendix hereto, Nos. 4, 5, 6, and 7.

6. In an 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 three 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 in the registry at the time of sealing the writ.

9. The judge may allow the plaintiff to amend the writ

of summons and the indorsements thereon in such manner

and on such terms as to the judge shall seem fit.

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