Coll 30/187 'Prize jurisdiction in the Persian Gulf States.' [‎33r] (65/217)

23
5. When the motion or summons comes on for hearing the Judge may,
after hearing the parties, or in the absence of any of them, on proof that
the notice of motion or summons has been duly served, make such order
as he shall deem right.
6. Save as hereinafter provided, no motion or summons shall be heard
without previous notice to or service on the parties afiected thereby, but
the Judge, if satisfied that the delay caused by proceeding in the ordinary
way would, or might, entail irreparable or serious mischief, may make any
order ex parte upon such terms as to costs or otherwise, and subject to
such undertaking, if any, as the Judge may think just; and any party
affected by such order may move to set it aside.
7. Any application made in chambers ex parte shall, if the Judge think
fit so to require, be made by summons.
8. The Registrar may transact all such business and exercise all such
authority and jurisdiction in respect of the same as under these Rules
may be transacted or exercised by the Judge in chambers, except in respect
of the following proceedings and matters, that is to say—
(1) all matters relating to the liberty of the subject or attachments;
(2) awarding of costs other than the costs of or relating to any pro
ceeding before the Registrar and costs which, by these Rules
or by the order of the Judge, the Registrar is authorised to
award;
Provided that the Registrar shall only transact such business and
exercise such authority and jurisdiction where he has power to transact
the like business and exercise the like authority and jurisdiction in matters
arising out of the ordinary jurisdiction of the Court.
Provided, further, that any application in chambers may, if required
by any party thereto, be heard by the Judge.
9. Any party affected by any order or decision of the Registrar may
appeal to the Judge by summons, and such appeal shall be made within
three days after the order appealed from.
10. The Judge may on due cause shown vary or rescind any order or
decision previously made on motion or summons other than an order
made in Court on an appeal from chambers.
n. An appeal from the decision of the Registrar in chambers shall be no
stay of proceedings unless so ordered by the Judge or Registrar.
ORDER XXI.
Affidavits.
1. Every affidavit shall be intituled in the cause or matter in which it is
sworn, or, if sworn before the commencement of a cause, it shall be headed
with the name of the captured ship or, in the case of an aircraft, with the
word “ Aircraft ” followed by the nationality and registration marks of the
captured aircraft, and shall be divided into short paragraphs numbered
consecutively, and shall be in the first person, and signed by the deponent.
2. The name, address, and description of every person making an affidavit
shall be inserted therein.
Where an affidavit is made by two or more persons, the names of all
such persons, and the dates when, and the places where, it is sworn, shall
be inserted in the jurat.
Form of heading and jurat to an affidavit will be found in Appendix A,
No. 49.