1214
No pleadings 54. After appearance any party to an action may apply unless
to the court for an order for pleadings. If no such application applied for and ordered. is made, or if on such application pleadings are not ordered,
the action shall be heard without pleadings.
Suspending clause.
4. This Ordinance shall not come into operation unless and until the Governor notifies by Proclamation His Majesty's pleasure thereon, and thereafter it shall come into operation upon such day as the Governor shall notify by the same or any other Proclamation.
Objects and Reasons.
1. Rule 53 in the Schedule to Ordinance No. 6 of 1896, contains fourteen paragraphs of particulars required to be filed in preliminary acts in actions for damage by collision.
2. Though there are immaterial differences in phraseology the first thirteen of these paragraphs correspond with paragraphs (a) to (n) of Order 19 rule 28 of the English Rules of the Supreme Court.
3. The fourteenth paragraph required a statement of the fault or default, if any, attributed to the other ship. This is not required in England and has given rise to difficulties in the Courts of the Colony.
4. This amending Ordinance repeals the paragraph and substitutes two paragraphs, corresponding in effect with paragraphs (o) and (p) of the English rule, which deal with sound signals and which were added to the Order 19 rule 28 in 1898, about two years after the date of the principal Ordinance.
5. As the repealed paragraph in rule 53 was in the nature of a pleading, rule 54 has been redrafted so as to make it clearer that an application for pleadings shall not be deemed abnormal.
6. A suspending clause is added to the Ordinance in accordance with the provisions of sections 4 and 7 of the Colonial Courts of Admiralty Act, 1890.
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C. G. ALABASTER,
Attorney Gencral.
September, 1932.
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