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8. The High Court of Admiralty shall have jurisdiction to decide A. C. Aot, all questions arising between the co-owners, or any of them, touching 1861. the ownership, possession, employment, and earnings of any ship re- High Court gistered at any port in England or Wales, or any share thereof, and of Admimay settle all accounts outstanding and unsettled between the parties ralty to decide quesin relation thereto, and may direct the said ship or any share thereof tions as to to be sold, and may make such order in the premises as to it shall ownership, &c., of ships. seem fit. 9. All the provisions of "The Merchant Shipping Act, 1854," in Extending regard to salvage of life from any ship or boat within the limits of the United Kingdom, shall be extended to the salvage of life from claims for any British ship or boat, wheresoever the services may have been salvage of rendered, and from any foreign ship or boat, where the services have been rendered either wholly or in part in British waters.

17 & 18 Vict. c. 104, as to

life.

for wages

a ship.

10. The High Court of Admiralty shall have jurisdiction over As to claims any claim by a seaman of any ship for wages earned by him on board and for disthe ship, whether the same be due under a special contract or other- bursements wise, and also over any claim by the master of any ship for wages by master of earned by him on board the ship, and for disbursements made by him on account of the ship: provided always, that if in any such cause the plaintiff do not recover fifty pounds, he shall not be entitled to any costs, charges, or expenses incurred by him therein, unless the Judge shall certify that the cause was a fit one to be tried in the said Court.

c. 65, in re

11. The High Court of Admiralty shall have jurisdiction over 3 & 4 Vict. any claim in respect of any mortgage duly registered according to gard to the provisions of "The Merchant Shipping Act, 1854," whether the mortgages ship or the proceeds thereof be under arrest of the said Court or extended to

not.

Court of

Admiralty.

& 18 Vict. c.

12. The High Court of Admiralty shall have the same powers Sections 62 over any British ship, or any share therein, as are conferred upon to 65 of 17 the High Court of Chancery in England by the sixty-second, sixty- 104, exthird, sixty-fourth, and sixty-fifth sections of "The Merchant Ship- tended to ping Act, 1854."

Court of
Admiralty.

13. Whenever any ship or vessel, or the proceeds thereof, are Part 9 of 17 under arrest of the High Court of Admiralty, the said Court shall & 18 Vict. c. have the same powers as are conferred upon the High Court of 104, exChancery in England by the ninth part of "The Merchant Shipping Court of Act, 1854."

tended to

a Court of

Record.

Court of

Admiralty. 14. The High Court of Admiralty shall be a Court of Record Court to be for all intents and purposes. 15. All decrees and orders of the High Court of Admiralty, Decrees and whereby any sum of money, or any costs, charges, or expenses, orders of shall be payable to any person, shall have the same effect as judg Admiralty ments in the Superior Courts of Common Law, and the persons to to have whom any such moneys, or costs, charges, or expenses, shall be pay- effect of judgments able, shall be deemed judgment creditors, and all powers of enforcing judgments possessed by the Superior Courts of Common Law, or law. any Judge thereof, with respect to matters depending in the same Courts, as well against the ships and goods arrested as against the person of the judgment debtor, shall be possessed by the said Court of Admiralty with respect to matters therein depending; and all remedies at common law possessed by judgment creditors shall be

at common

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1861.

A. C. Act, in like manner possessed by persons to whom any moneys, costs, charges, or expenses are by such orders or decrees of the said Court of Admiralty directed to be paid.

As to claims to goods taken in execution.

Powers of
Superior
Courts ex-
tended to
Court of
Admiralty.

Party in
Court of
Admiralty

16. If any claim shall be made to any goods or chattels taken in execution under any process of the High Court of Admiralty, or in respect of the seizure thereof, or any Act or matter connected therewith, or in respect of the proceeds or value of any such goods or chattels, by any landlord for rent, or by any person not being the party against whom the process has issued, the registrar of the said Court may, upon application of the officer charged with the execution of the process, whether before or after any action brought against such officer, issue a summons calling before the said Court both the party issuing such process and the party making the claim, and thereupon any action which shall have been brought in any of her Majesty's Superior Courts of Record, or in any local or inferior Court, in respect of such claim, seizure, act, or matter as aforesaid, shall be stayed, and the Court in which such action shall have been brought, or any Judge thereof, on proof of the issue of such summons, and that the goods and chattels were so taken in execution, may order the party bringing the action to pay the costs of all proceedings had upon the action after issue of the summons out of the said Admiralty Court, and the Judge of the said Admiralty Court shall adjudicate upon the claim, and make such order between the parties in respect thereof and of the costs of the proceedings, as to him shall seem fit, and such order shall be enforced in like manner as any order made in any suit brought in the said Court. Where any such claim shall be made as aforesaid the claimant may deposit with the officer charged with the execution of the process either the amount or value of the goods claimed, the value to be fixed by appraisement in case of dispute, to be by the officer paid into Court to abide the decision of the Judge upon the claim, or the sum which the officer shall be allowed to charge as costs for keeping possession of the goods until such decision can be obtained, and in default of the claimant so doing the officer may sell the goods as if no such claim had been made, and shall pay into Court the proceeds of the sale, to abide the decision of the Judge.

17. The Judge of the High Court of Admiralty shall have all such powers as are possessed by any of the Superior Courts of Common Law or any Judge thereof to compel either party in any cause or matter to answer interrogatories, and to enforce the production, inspection, and delivery of copies of any document in his possession or power..

18. Any party in a cause in the High Court of Admiralty shall be at liberty to apply to the said Court for an order for the inspection may apply by the Trinity masters or others appointed for the trial of the said cause, or by the party himself or his witnesses, of any ship or other personal or real property, the inspection of which may be material to the issue of the cause, and the Court may make such order in respect of the costs arising thereout as to it shall seem fit.

for an order for inspec

tion by Trinity masters.

Admission

of documents.

19. Any party in a cause in the High Court of Admiralty may call on any other party in the cause by notice in writing to admit any document, saving all just exceptions, and in case of refusal or neglect to admit, the costs of proving the document shall be paid by

the party so neglecting or refusing, whatever the result of the cause A. C. Act, may be, unless at the trial the Judge shall certify that the refusal 1861. to admit was reasonable.

Court of

of citation

20. Whenever it shall be made to appear to the Judge of the Power to High Court of Admiralty that reasonable efforts have been made to Admiralty effect personal service of any citation, monition, or other process when perissued under seal of the said Court, and either that the same has sonal service come to the knowledge of the party thereby cited or monished, or has not been that he wilfully evades service of the same, and has not appeared effected to order parties thereto, the said Judge may order that the party on whose behalf to proceed. the citation, monition, or other process was issued be at liberty to proceed as if personal service had been effected, subject to such conditions as to the Judge may seem fit, and all proceedings thereon shall be as effectual as if personal service of such citation, monition, or other process had been effected.

service of

out of Eng

land and Wales.

21. The service in any part of Great Britain or Ireland of any As to the writ of subpoena ad testificandum or subpoena duces tecum, issued subpœna under seal of the High Court of Admiralty, shall be as effectual as if the same had been served in England or Wales. 22. Any new writ or other process necessary or expedient for Power to giving effect to any of the provisions of this Act may be issued from issue new the High Court of Admiralty in such form as the Judge of the said writs or Court shall from time to time direct.

other

process.

have same

power as to

23. All the powers possessed by any of the Superior Courts of Judge and Common Law or any Judge thereof, under the Common Law Proce- registrar to dure Act, 1854, and otherwise, with regard to references to arbitration, proceedings thereon, and the enforcing of awards of arbitrators shall arbitration be possessed by the Judge of the High Court of Admiralty in all as Judges causes and matters depending in the said Court, and the registrar of masters at the said Court of Admiralty shall possess as to such matters the same common powers as are possessed by the masters of the said Superior Courts of Common Law in relation thereto.

and

law.

of 17 & 18

24. The registrar of the High Court of Admiralty shall have the Section 15 same powers under the fifteenth section of the Merchant Shipping Vict. c. 104, Act, 1854, as are by the said section conferred on the masters of her extended to Majesty's Court of Queen's Bench in England and Ireland. registrar of Court of

25. The registrar of the High Court of Admiralty may exercise, Admiralty. with reference to causes and matters in the said Court, the same Powers of powers as any surrogate of the Judge of the said Court sitting in registrar chambers might or could have heretofore lawfully exercised; and all and of powers and authorities by this or any other Act conferred upon or assistant vested in the registrar of the said High Court of Admiralty may be registrar. exercised by any deputy or assistant registrar of the said Court.

deputy or

tion deemed

26. The registrar of the said Court of Admiralty shall have power False oath to administer oaths in relation to any cause or matter depending in or affirmathe said Court; and any person who shall wilfully depose or affirm perjury. falsely in any proceeding before the registrar or before any deputy or assistant registrar of the said Court, or before any person authorized to administer oaths in the said Court, shall be deemed to be guilty of perjury, and shall be liable to all the pains and penalties attaching to wilful and corrupt perjury.

27. Any advocate, barrister-at-law, proctor, attorney, or solicitor of Appoint

A. C. Act, ten years' standing may be appointed registrar or assistant or deputy registrar of the said Court.

1861.

ment of re

28. Any advocate, barrister-at-law, proctor, attorney, or solicitor gistrar and may be appointed an examiner of the High Court of Admiralty.

of deputy

or assistant

registrar.

Appoint. ment of examiners.

Stamp duty not payable

on subsequent ad

missions of

29. Any person who shall have paid on his admission in any Court as a proctor, solicitor, or attorney the full stamp duty of twenty-five pounds, and who has been or shall hereafter be admitted a proctor, solicitor, or attorney (if in other respects entitled to be so admitted), shall be liable to no further stamp duty in respect of such subsequent admission.

30. Any proctor of the High Court of Admiralty may act as agent of any attorney or solicitor, and allow him to participate in the profits proctors or of and incident to any cause or matter depending in or connected solicitors. with the said Court; and nothing contained in the Act of the fiftyProctor may fifth year of the reign of King George the Third, chapter one act as agent of solicitors. hundred and sixty, shall be construed to extend to prevent any proctor from so doing, or to render him liable to any penalty in respect thereof.

2 Hen. 4, c.

31. The Act passed in the second year of the reign of King Henry 11, repealed. the Fourth, intituled "A Remedy for Him who is Wrongfully Pursued in the Court of Admiralty," is hereby repealed.

Power of

appeal in nterlocutory

matters.

Bail given

of Admi

32. Any party aggrieved by any order or decree of the Judge of the said Court of Admiralty, whether made ex parte or otherwise, may, with the permission of the Judge, appeal therefrom to her Majesty in Council, as fully and effectually as from any final decree or sentence of the said Court.

33. In any cause in the High Court of Admiralty bail may be in the Court taken to answer the judgment as well of the said Court as of the Court of Appeal, and the said High Court of Admiralty may within the Court hold the release of any property under its arrest until such bail has of Appeal.

ralty good

As to the

hearing of causes and

cross causes.

Jurisdiction of the Court.

been given; and in any appeal from any decree or order of the High Court of Admiralty, the Court of Appeal may make and enforce its order against the surety or sureties who may have signed any such bail bond in the same manner as if the bail had been given in the Court of Appeal.

34. The High Court of Admiralty may, on the application of the defendant in any cause of damage, and on his instituting a cross cause for the damage sustained by him in respect of the same collision, direct that the principal cause and the cross cause be heard at the same time and upon the same evidence; and if in the principal cause the ship of the defendant has been arrested, or security given by him to answer judgment, and in the cross cause the ship of the plaintiff cannot be arrested, and security has not been given to answer judgment therein, the Court may, if it think fit, suspend the proceedings in the principal cause until security has been given to answer judgment in the cross cause.

35. The jurisdiction conferred by this Act on the High Court of Admiralty may be exercised either by proceedings in rem or by proceedings in personam.

PART II

STATUTES RELATING TO THE COUNTY COURTS.

305

COUNTY COURTS ADMIRALTY JURISDICTION ACT, 1868.

31 & 32 VICT. CAP. 71.

An Act for conferring Admiralty Jurisdiction on the County C. C. Act, [31st July, 1868.]

Courts.

Be 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:

1868.

1. This Act may be cited as the County Courts Admiralty Jurisdic- Short title. tion Act, 1868.

ment of

2. If at any time after the passing of this Act it appears to her AppointMajesty in Council, on the representation of the Lord Chancellor, ment of expedient that any County Court should have Admiralty jurisdiction, Courts for it shall be lawful for her Majesty by Order in Council, to appoint Admiralty that Court to have Admiralty jurisdiction accordingly, and to assign purposes. to that Court as its district for Admiralty purposes any part or parts of any one or more district or districts of County Courts; and the district so constituted for that Court, with the parts of the sea (if any) adjacent to that district to a distance of three miles from the shore thereof, shall be deemed its district for Admiralty purposes; aud accordingly the Judge and all officers of the Court shall have jurisdiction and authority for those purposes throughout that district, as if the same was the district of the Court for all purposes; and, from a time to be specified in each such order, this Act shall have effect in and throughout the district so constituted; and any such order may be from time to time varied as seems expedient; and a County Court so appointed to have Admiralty jurisdiction, and no other County Court, shall, for the purposes of this Act, be deemed a County Court having Admiralty jurisdiction: Provided that no Judge of a County Court, except the Judges of the London Court, shall have jurisdiction in the City of London.

3. Any County Court having Admiralty jurisdiction shall have Extent of X

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