639478-1896-Bills-read-Widows---Orphans-Pensions-Amendment-Supplementary-Appropriation-Sale-of-Food-and-Drugs-Supreme-Court-Admiralty-Procedure-Marriage-Amendment-Prison-Officers — Page 8

THE HONGKONG GOVERNMENT GAZETTE, 11TH JULY, 1896.

A BILL

ENTITLED

An Ordinance to regulate the Admiralty Procedure Tir

of the Supreme Court.

E it enacted by the Governor of Hongkong, with the

as follows:-

consent

Legislatie hereof,

1. This Ordinance may be cited as The Supreme Court Admiralty Procedure Ordinance, 1896, aud shall come into force on the first day of September, 1896.

2. From and after the said first day of September, 1896, the rules made in pursuance of an Act of Parliament passed on the 26th year of the reign of Her Majesty, touching the practice to be observed in the Vice-Admiralty Courts and established by the Queen's Order in Conneil of the 23rd day of August, 1883, shall, as regards all actions commenced on and after the said day, cease to have opera- tion as Rules of Court in the Admiralty Jurisdiction of the Supreme Court of Hongkong, and, in lieu of the said Rules, the Rules contained in the schedule to this Ordinance shall apply to all actions commenced in the Admiralty Jurisdic- tion of the said Supreme Court on and after the said first day of September, 1896.

Short title.

Rules smi repeal of former 14.

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 ar uexed thereto, the following terms shall (if not inconsistent with the context or subject matter) have the respective meanings horeinafter assigned to them; that is to say :-

"

66

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

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

sues by a solicitor;

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

16

66

he appears by a solicitor:

Party shall include the party's solicitor, if he snes

or appears by a solicitor;

Ship"

" shall incinde every description of vessel used in navigation not propelled by oars only;

"Month" shall mean calendar month.

ACTIONS.

2. Actions shall be of two kinds, actions in rem and netions 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 nine of the Crown.

4. All actions shall be numbered in the order in which they are instituted, and the mumber given to any action shall be the distinguishing number of the action, and shall be written or printed on all documents 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.

551