CONTENTS. Order in Council, 18th July 1898, approving the Rules of Court in prize proceedings in Vice-Admiralty SEP 21 1922 WHEREAS there was this day read at the Board a memorial from the Right Honourable the Lords Commissioners of the Admiralty, dated the 5th day of May 1898, in the words following, viz. :— 6 "Whereas by an Act passed in the Session of Parliament held in the 57th and 58th years of Your Majesty's reign, intituled An Act to make further provision for the establishment ' of Prize Courts, and for other purposes connected therewith," it was inter alia enacted in section 2, that any commission, 'warrant or instructions from Her Majesty the Queen or the Admiralty, for the purpose of commissioning or regulating the procedure of a Prize Court at any place in a British possession may, notwithstanding the existence of peace, be issued at any time,' and shall upon a proclamation, to be made as therein directed, subject to instructions from Your Majesty, by the Vice-Admiral of such possession, that war has broken out between Your Majesty and any foreign State, take effect as if the same had been issued after the breaking out of such war and such foreign State were named therein, and that the said 'commission and warrant may authorise either a ViceAdmiralty Court, or a Colonial Court of Admiralty within the meaning of the Colonial Courts of Admiralty Act, 1890, 'to act as a Prize Court, and may establish a Vice Admiralty Court for that purpose." "And it was further enacted, in section 3 (1) of the same Act, that Her Majesty the Queen in Council may make rules of court for regulating, subject to the provisions of the Naval Prize Act, 1864, and this Act, the procedure and practice of Prize Courts within the meaning of that Act, and the duties and conduct of the officers thereof, and of the practitioners therein, and for regulating the fees to be taken by the officers ' of the courts, and the costs, charges, and expenses to be 'allowed to the practitioners therein.' "And whereas it appears to us to be expedient that rules of court should be made, as in the last-recited section mentioned, to be observed in Vice-Admiralty Courts and Colonial Courts of Admiralty when acting as Prize Courts, and that such rules U (3)10898. 500.-2/1900. Wt. 26915. A 2 when made shall be issued as, and shall be so far as they relate to procedure, instructions for regulating the procedure of the said Courts under section 2 aforesaid. "And whereas the provisions of section 1 of the Rules Publication Act, 1893, have been complied with. Now, therefore, it is most humbly submitted that Your Majesty will be graciously pleased by your Order in Council to direct that the Rules and Tables of Fees annexed hereto shall, on and from the 1st day of July 1898, be the Rules and Tables of Fees to be observed and taken in respect of prize proceedings in all such Vice-Admiralty Courts and Colonial Courts of Admiralty within the meaning of the Colonial Courts of Admiralty Act, 1890, as shall be duly authorised to act as Prize Courts, and shall thereupon be issued as, and shall be so far as they relate to procedure, instructions for regulating the procedure of such Courts as Prize Courts." Now, therefore, Her Majesty, having taken the said memorial into consideration, was pleased, by and with the advice of Her Privy Council, to approve of what is therein proposed, and to order, as it is hereby ordered, that the Rules and Tables of Fees annexed hereto shall on and from the 1st day of July 1898, be the Rules and Tables of Fees to be observed and taken in respect of Prize Proceedings in all such Vice-Admiralty Courts and Colonial Courts of Admiralty, within the meaning of the Colonial Courts of Admiralty Act, 1890, as shall be duly authorised to act as Prize Courts, and shall be, so far as they relate to procedure, instructions for regulating the procedure of such Courts as Prize Courts. And the Right Hon. the Lords. Commissioners of the Admiralty are to give the necessary directions herein accordingly. J. H. HARRISON. NAVAL AGENCY AND DISTRIBUTION ACT, 1864. [27 & 28 VICT. c. 24.] AN Act to provide for the Appointment, Duties, and BE [23rd June 1864.] E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same as follows: Preliminary. 1. This Act may be cited as the Naval Agency and Distribu- Short title. tion Act, 1864. 2. In this Act— Interpreta terms. The term "the Lords of the Admiralty" means the Lord tion of The term "ship of war includes vessel of war: The term "officers and crew" includes all flag officers, commanders, and other officers, engineers, seamen, marines, soldiers, and others on board any of Her Majesty's ships of war. 3. Any ship or vessel belonging to Her Majesty, and in actual Power for service, (other than a ship of war,) may be declared by the Lords Admiralty to apply Act to of the Admiralty to be a ship of war for the purposes of this any of Her Act; and all the provisions of this Act shall thereupon apply Majesty's ships. to such ship or vessel, and shall continue to so apply as long as she then continues in actual service, but no longer. Appointment of Ship's Agent. ships to 4. Each of Her Majesty's ships of war shall at all times while Each of Her in commission have, for the purposes of this Act, an agent styled Majesty's the ship's agent, to be appointed in the first instance as soon as have an may be after the ship is put in commission, and afterwards from agent. time to time as a vacancy in the office or other occasion may require. |