GAZETTE

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JOHN INGS, QUEEN’S PRINTER.

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REGULATIONS" H

TOUCHING THE P RACTICE TO BE OBSERVED IN COURTS 0F VICE - ADMIRALTY A l} R U A I) PROCEEDIXGS INSTITI'TED ON BEHALF OF HER MAJESTY’S SHIPS- I‘lSTAllLlSlll‘Zl) BY HER MAJESTY’S ORDER. IN COUNCIL, Bearing (late the 9th day o/‘Sqitember, 1865.

IN

At the Court at \desor, the 9th day of Sept., 1865. PRESENT,

THE Qnmm’s MoST EXCELLENT MAJESTY, 1x COUNCIL. ’ llEliEAS there was this day read at the Board a Memorial from the Right llonorable the Lords Com— missioners of the Admiralty, dated the 535th of August 1865. in the Words following, viz .‘ Whereas by the Act 26th Victoria. Cap. 24. intituled the “ Vice-Admiralty Courts Act, 1863,” it was, amongst other things, enacted, that. Your Majesty might, by Order in Council from time to time, establish Rules touching the praCtice to he observed in the Vice-Admiralty Courts, and might repeal and alter the existing and all future Rules. and establish new liules in addition thereto, or in lieu thereof. And whereas by the Act 27 & ‘28 Victoria, Cap. 24. intituled “ the Naval Agency and Distribution Act. 180-1.”it was, amongst other things, enacted that your Maj- esty in Council might from dare to time make such Orders as should seem meet for the hotter execution of ti at Act: And whereas by an Order in Council of the 22nd day ofUct- ober 1859. certain Rules,()rders and Regulations were estab- lished touching the practice to he observed in Courts of Vice-

Adiuiralty abroad in proceedings instituted on behalf of

your Majesty‘s Ships. and it is expedient that the said Rules, .()rders and Regulations should be repealed, and that new Regulations should be established in lieu thereof : Now therefore, “‘0, your Majesty’s Commissioners for executing the Ollice ol Lord High Admiral of the United Kingdom of Great Britain and lreland. do humbly submit that your Majesty Will be graciously pleased to repeal the said Rules. Orders and Regulations established by your Majesty’s Order in Council, of the 22nd day of October, 1859. and in lieu thereof to establish the following Regulations :—

l. Whenever any proceeding has been instituted in any Vice—Admiralty Court wnhin Her Majesty’s Dominions, by or on behalf of any of Her Majesth Ships, for or in respect ofany of the matters enumerated in the 12th section of the Naval Agency and Distribution Act, 1864, the Proctor who shall have conducted such proceeding on behalf of Her‘Majesty’s Ship shall, on the termination of the suit, submit his Bill of Costs for taxation, and the Court shall thereupon tax the same as between Proctor and Client.

II. If in any such proceeding any proceeds have been realized and are remaining in Court, the Court may order the amount at which the Bill of Costs has been taxed to be paid thereout, and the balance of the proceeds, if any,

Charlottetown, Prince Edward Island, November 1, 1865.

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shall thereupon be paid to the senior Commissariat Officer in the Colony. to the end that the same may forthwith be remitted to this Country.

Ill. If there are not any proceeds. or if the proceeds are insufficient to pav the Costs. the Commanding Officer shall, either by himself or through the Agent of the Ship. make provision for the payment ofany sum that may be due in respect of any such proceeding as may have been instituted in the Court.

IV. The Registrar of the Vice-Admiralty Court shall, as soon as he has. taxed the Bill of Costs. and whether the amount thereofhas or has notbeen paid out of the proceeds, forward the same to the Registrar of the High Court of Admiralty of England. together with a Certificate, signed by himself, stating the amount of the proceeds, if any, the payments thereonhand the balance which has been paid to the Commissariat Officer.

V. The Agent for the ship shall. when the proceeds and bounties have heen paid to the Naval Prize Account. leave with the Registrar of the lligh Court of Admiralty of Eng- land his acciiont for taxation, and may include therein any charges that may have been paid by the Commanding Olli- cer or by himSelf, and the Registrar may direct the amount at which he shall have taxed the said account to be paid out of the proceeds and bounties standing in the Naval Prize ACCuunt to the credit of the Prize.

VI. The Registrar of each Vice-Admiralty Court shall» Within a month after the termination of each quarter. send to the Registrar of the lligh Court of Admiralty of England a Return, signed by himself, in the form marked No. 1 hereto. of all Prizes in respect of which any proceedings have been taken in such Vice-Admiralty Court during that quarter,

Vli. These Regulations shall, ifapproved by Her Majesty iln Council, come into operation on the 1st day of January,

866.

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0.1.

Payments out of proceeds

To whom paid Amount paid

Name of Commanding Officer When paid

Name of Prize

Name of capturing Ship Date of Capture

Date of adjudication Amount of Costs as taxed

Balance paid to Commissariat Oflicer Observations

Amount of proceeds paid into Court