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THE HONGKONG GOVERNMENT GAZETTE, 31ST AUGUST, 1895.
Now, therefore, Her Majesty is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:--
Notices of Exemption.
1. Any rules of the High Court of Justice in England, made under the provisions of "The Mail Ships Act, 1891" (hereinafter referred to as "the Act"), shall be transmitted by a Secretary of State to the Government of every Possession to which the Act is applied for the purpose of a Convention, and shall be published by such Government in the Gazette of the Possession, and also in such local official Gazettes published in the Possession as the Government of the Possession may prescribe.
2. A copy of every notice and list published by the Board of Trade under the Act, or under any rules of Court made under the Act, shall be transmitted by a Secretary of State to the Government of every Possession to which the Act is applied for the purpose of a particular Convention.
3. A copy of every such Notice and list, signed by a Secretary to the Government of the Posses- sion, or other prescribed officer, shall be published in the official Gazette of the Possession, and a copy of such Gazette Notification shall be kept publicly exhibited in the Court-room of every Colonial Court of Admiralty in the Possession, and a copy of the said Gazette containing any such Notification shall be receivable in evidence by every arresting authority in the Possession.
4. If notwithstanding its exemption, an exempted mail ship is arrested in the Possession, the Government of the Possession, on being informed by the owner of such arrest and of the arresting authority, and on being satisfied that the ship is an exempted mail ship, shall forthwith send a special Notice to the arresting authority, informing him that the ship is an exempted mail ship, and as such entitled to release.
Actions Against Exempted Ships.
5. An action may be commenced against the owners of an exempted mail ship in the like cases, in the same manner and subject to the same rules as an Admiralty action in rem, and in any Colonial Court of Admiralty in the Possession in which such an action might have been brought if the ship were not an exempted mail ship.
Orders, by Courts in British Possessions, for Application of the Security.
6. Any order of a Court in a British Possession directing any security to be applied shall recite the name of the Court and of the action or proceeding, the cause of action, and the judgment debt, and shall comprise a certificate by the Judge of the Court that the ship in respect of which the Judg ment is given is an exempted mail ship, and might but for such exemption have been arrested and sold in execution thereof, and that the judgment debt is still unsatisfied, and is payable out of the security lodged in respect of the ship in the High Court of Justice in England.
7. The order may require payment to be made either in London to a named agent of the execu- tion creditor, or in the Possession to some named officer of the Court from which the order issues.
8. Every such order shall be sealed with the seal of the Court, and shall be drawn up in duplicate, addressed to the Admiralty Registrar, Royal Courts of Justice, London, and shall be transmitted under cover to the prescribed officer of the Government of the Possession.
9. The said duplicate orders when received by the prescribed officer shall be countersigned by him, and shall be forthwith transmitted to a Secretary of State, who shall cause one of such orders to be delivered to the Admiralty Registrar, and the Admiralty Registrar shall, subject to any direction of the High Court, make an order upon the Paymaster-General for payment of the required sum out of the security in accordance with these Rules.
10. Unless the High Court shall otherwise order, and subject to existing rights of priority of liens, orders for the application of any security shall be paid in the order in which they are received by the Admiralty Registrar; but where two or more orders are received at the same time, they shall be paid in the order of their respective dates.
11. Where the order requires payment to a named agent of the execution creditor in London, the money shall be payable at the rates of exchange current on the day on which the order is received by the Secretary of State.
12. If the order requires payment to be made to a named officer of the Court from which the order issues, such an amount shall be paid out by the Paymaster-General, to a person nominated by the Secretary of State, as will at the rates of exchange current on the day on which the order is received by the Secretary of State be necessary to purchase a draft for the amount of the order pay able at sight in the Possession, and such draft shall be in favour of the said named officer of the said Court.
13. Where any action or proceeding against the owners of an exempted mail ship is pending in a Court in a British Possession, involving a claim against the security lodged in the High Court in England, the Court in the British Possession shall transmit to the Admiralty Registrar notice of the pendency of such action or proceeding, stating the nature and amount of the claim and the proceed-
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