admiralty, and unknown to it; and

yet, as an appeal lies from these courts, in all but prize causes, to the admiralty of England, the latter thus entertains revenue causes (3) by appeal from the West Indies, which it could not entertain originally.

These courts, being from their remoteness, and the liability of minor judges in the plantations to influence, if not to corruption, subject to much abuse, it became necessary to control their jurisdiction with a strong hand; and accordingly, by the prize acts, their fees were limited, and their delays punished(4).

These provisions proving ineffectual, in the last session of parliament (5) an act was made by which the prize commissions of vice-admiralty courts in the West Indies having been previously

(3) The case of the ship Columbia, in 1782, is a memorable instance. In that case Sir James Marriott says, the court of admiralty derives no jurisdiction in causes of revenue (appropriated by the common law to the court of exchequer) from the patent of its judge, or the ancient jurisdiction of the crown in the person of its lord high admiral. The first statute which places judgment of revenue in the plantations with the courts of admiralty, is the 12th Charles II.

(4) See 29 Geo. II. ch. 34. and other acts, by which their delays made them subject to a forfeiture of five hundred pounds, half to the king, half to the informer; and their fees were limited to ten pounds in judgment on prizes under one hundred tons; if over, to fifteen pounds.

(5) 41 Geo. III. ch. 9.

revoked, the king is enabled to make competent provision for the judges of three vice-admiralty courts, two of them in any two of the islands in the West Indies, and the other at Halifax; their salaries not to exceed two thousand pounds, nor their fees and profits as much more; and his majesty is empowered to establish rules and regulations for the said courts, and to alter and amend such rules.

These courts are enabled by this act to exercise jurisdiction over all prizes carried into any of his majesty's colonies in the West Indies, as if brought into any port of the island or colony where the courts are held; and they may issue commissions for examination of witnesses, of appraisement and sale, or for any other purpose of legal adjudication, into any part of his majesty's territories or colonies in the West Indies or America.

The king may also issue a commission of prize, whenever he may please, to any other viceadmiralty court in the West Indies, to be subject to the same regulations.

From these courts, as from instance and revenue courts, appeals lie to the high court of admiralty in England; and, says Judge Blackstone, also to the king in council(6). But this opinion of his seems to be relinquished(7). From them, as prize

(6) Comm. 3 vol. ch. 5.

(7) See 2d Robinson, p. 248, and the note there marked a. The power of the high court of admiralty to receive appeals from the vice-admiralty courts in revenue causes,

courts, the appeal lies to certain lords commissioners of appeal, consisting chiefly of members of the privy council.

As to the appeals from these courts in prize causes, several new regulations are adopted by the above mentioned act of 41 Geo. III. which must be here enumerated.

The act provides, that if in such causes the claimants decline to take the property on bail, in the manner described above in the tenth chapter, the court, with consent of captors and claimants, may direct it be sent to England for sale; and if the captors unreasonably withhold their consent, they shall pay the difference of the value at the time of restoration, and of the produce if it had been sent to England.

The like rule takes place in case of appeal, if request be made by appellants. Proceeds, if the property be sold already, to be lodged in the bank. If any difficulty occurs, either party may apply to the high court of admiralty, or lords commissioners of appeal.

The same statute, after reciting that great inconveniences had arisen from delays in serving the processes of courts of appeal for obtaining appearances, &c. it enacts, that in all cases of cap

had been disputed on the ground that they were not in their nature causes civil or maritime, but that it was a jurisdiction specially given to the vice-admiralty courts by 7 and 8 Wm. III. ch. 22. which took no notice of any appellate jurisdiction in the high court of admiralty in such cases; but this point was fully settled in favour of this jurisdiction in 1754.

ture by his majesty's ships, service on his majesty's proctor shall be deemed effectual service upon the captain of a king's ship; and when the court grants a letter of marque, the owner shall appoint a proctor, and service upon him shall be deemed service on the commander, in all cases when an appeal has been lodged within fourteen days. If in another court, they are to have a registered proctor, and the names of the owners to be registered. Owners and their sureties are parties to all and every part of the proceedings after final sentence, without further process of contempt.

The act further saith, that if no appeal be entered, service of the process upon the commander of kings' ships, or his registered agent, or his majesty's law officers in the court below, or upon the commander of privateers, owners, or either of the sureties, shall be sufficient service on the parties.

CHAPTER XIII.

OF THE CINQUE PORTS.

THE ports of the county of Kent being particularly liable to invasion, and in some respects the key of the kingdom, were always considered by our monarchs as stations of the utmost importance, and the inhabitants of some of them(1) honoured with peculiar privileges, liberties, and franchises, first by William the Conqueror (who originally created a lord warden of the Cinque Ports) and afterwards by king John, on condition of their providing a certain number of ships at their own charge for forty days. These privileges, however, though increased by these monarchs, did not originate with them; they are claimed in part by prescription, and in part by act of parliament

(1) Particularly of five of the most important, Dover, Sandwich, Romney, Hastings, and Hythe, to which were afterwards added, Winchelsea and Rye. The men of Kent, from their exposed situation, were always peculiarly celebrated for courage.