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Proceedings in Vice-admiralty Courts Abroad


Admiralty, 11th October 1865.

Her Majesty has been pleased, by Her Order in Council of the 9th September 1865, to establish the following Rules touching the practice to be observed in Vice-Admiralty Courts abroad in Proceedings instituted on behalf of Her Majesty's Ships; and the Lords Commissioners of the Admiralty desire to point out to Commanding Officers that the Accountant-General of the Navy will not, after the 1st January, 1866 pay costs incurred in such Courts, Her Majesty's Order in Council of the 22nd October, 185t, being now repealed:

  1. Whenever any proceeding has been instituted in any Vice-Admiralty Court within Her Majesty's dominions, by or on behalf of any of Her Majesty's Ships, for or in respect of any of the matters enumerated in the 13th Section of the Naval Agency and Distribution Act, 1861, 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.

  2. 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, it any, shall thereupon be paid to the Senior Commissariat Officer in the colony, to the end that the same may forthwith he remitted to his country.

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

  4. The Registrar of the Vice-Admiralty Court shall, as soon as he has taxed the Bill of Costs, and whether the amount thereof has or has not been 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 thereout, and the balance which has been paid to the Commissariat Officer.

  5. The Agent for the Ship shall, when the proceeds and bounties have been paid to the Naval Prize Account, leave with the Registrar of the High Court of Admiralty of England his account for taxation, and may include therein any charges that may have been paid by the Commanding Officer 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 Account to the credit of the Prize.

  6. The Registrar of each Vice-Admiralty Court shall, within :t month after the termination of each quarter, send to the Registrar of the High Court of Admiralty or England a Return, signed by himself, of all Prizes in respect of which any proceedings have been taken in such Vice-Admiralty Court during that quarter

  7. These Regulations shall come into operation on the 1st day of January. 1866.

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