A. C. Act, 1840. Bills of ex 15. And be it enacted, that at the trial of any issue directed by the said High Court of Admiralty, either party shall have all the like powers, rights and remedies with respect to bills of exceptions as ceptions to parties impleaded before justices may have, by virtue of the statute made in that behalf in the thirteenth year of the reign of King Edward the First, with respect to exceptions alleged by them before such justices, or by any other statute made in the like behalf; and every such bill of exceptions, sealed with the seal of the Judge or Judges to whom such exceptions shall have been made, shall be annexed to the record of the trial of the said issue. be allowed on trials of issues. Record of the issue to be transmitted to 16. And be it enacted, that the record of the said issue, and of the verdict therein, shall be transmitted by the associate or other proper officer to the registrar of the said Court of Admiralty; and the ver the Court of dict of the jury upon any such issue (unless the same shall be set Admiralty. Provisions of c. 92, as to appeals to apply to suits in Court of under this Act. c. 41, to apply in aside) shall be conclusive upon the said Court and upon all such persons; and in all further proceedings in the cause in which such fact is found the said Court shall assume such fact to be as found by the jury. 17. And be it enacted, that every person who, if this Act had not 2 & 3 Will. 4, been passed, might have appealed and made suit to her Majesty in Council against any proceeding, decree, or sentence of the said High Court of Admiralty under or by virtue of an Act passed in the third year of the reign of his late Majesty, intituled "An Act for TransferAdmiralty ring the Powers of the High Court of Delegates, both in Ecclesiastical and Maritime Causes, to his Majesty in Council," may in like manner appeal and make suits to her Majesty in Council against the proceedings, decrees and sentences of the said Court in all suits instituted and proceedings had in the same by virtue of the provisions of this Act, and that all the provisions of the said last-mentioned Act shall apply to all appeals and suits against the proceedings, decrees and sentences of the said Court in suits instituted and proceedings had by 3 & 4 Will. 4, virtue of the provisions of this Act; and such appeals and suits shall be proceeded in in the manner and form provided by an Act passed in the fourth year of the reign of his late Majesty, intituled "An Act for the better Administration of Justice in his Majesty's Privy Council;" and all the provisions of the said last-mentioned Act relating to appeals and suits from the High Court of Admiralty shall be applied to appeals and suits from the said Court in suits instituted and proceedings had by virtue of the provisions of this Act: provided always, that in any such appeal the notice of evidence taken as hereinbefore provided by or under the direction of the Judge of be admitted the said High Court of Admiralty shall be certified by the said Judge of her Majesty in Council, and shall be admitted to prove the oral evidence given in the said Court of Admiralty, and that no evidence shall be admitted on such appeal to contradict the notes of evidence so taken and certified as aforesaid, but this proviso shall not enure to prevent the Judicial Committee of the Privy Council from directing witnesses to be examined and re-examined upon such facts as to the committee shall seem fit, in the manner directed by the lastrecited Act. same manner. Certified notes of evidence taken may on appeal. Power for Judge of Admiralty to make 18. And be it enacted, that it shall be lawful for the Judge of the High Court of Admiralty from time to time to make such rules, orders and regulations respecting the practice and mode of proceed 1840. ing of the said Court, and the conduct and duties of the officers and A. C. Act, practitioners therein, as to him shall seem fit, and from time to time to repeal or alter such rules, orders or regulations: provided always, rules of that no such rules, orders or regulations shall be of any force or Court. effect until the same shall have been approved by her Majesty in Council. of the Judge 19. And be it declared and enacted, that no action shall lie against Protection the Judge of the said High Court of Admiralty for error in judgment, of the Court and that the said Judge shall be entitled to and have all privileges of Admiand protections in the exercise of his jurisdiction as Judge of the ralty. said Court which by law appertain to the Judges of her Majesty's Superior Courts of Common Law in the exercise of their several jurisdictions. receive prisoners com Admiralty coroners. 20. And be it enacted, that the keeper for the time being of every Gaolers to common gaol or prison shall be bound to receive and take into his custody all persons who shall be committed thereunto by the said mitted by Court of Admiralty, or who shall be committed thereunto by any the Court of coroner appointed by the Judge of the said Court of Admiralty, upon or by Adany inquest taken within or upon the high seas adjacent to the miralty county or other jurisdiction to which such gaol or prison belongs; and every keeper of any gaol or prison who shall refuse to receive into his custody any person so committed, or wilfully or carelessly suffer such person to escape and go at large without lawful warrant, shall be liable to the like penalties and consequences as if such person had been committed to his custody by any other lawful authority. contempt 21. And be it enacted, that it shall be lawful for the Judge of the Prisoners in said High Court of Admiralty to order the discharge of any person may be who shall be in custody for contempt of the said Court, for any cause discharged. other than for non-payment of money, on such conditious as to the Judge shall seem just: provided always, that the order for such discharge shall not be deemed to have purged the original contempt in case the conditions on which such order shall be made be not fulfilled. to try ques 22. And be it enacted, that the said High Court of Admiralty Jurisdiction shall have jurisdiction to decide all matters and questions concern- tions coning booty of war, or the distribution thereof, which it shall please cerning her Majesty, her heirs and successors, by the advice of her and their booty of Privy Council, to refer to the judgment of the said Court; and in all matters so referred the Court shall proceed as in cases of prize of war, and the judgment of the Court therein shall be binding upon all parties concerned. war. of Courts of 23. Provided always, and be it enacted, that nothing herein Jurisdiction contained shall be deemed to preclude any of her Majesty's Courts Law and of Law or Equity now having jurisdiction over the several subject Equity not matters and causes of action herein before mentioned from continuing to exercise such jurisdiction as fully as if this Act had not been passed. taken away A. C. Act, 1861. Short title. Interpretation of terms. Commencement of Act. As to claims THE ADMIRALTY COURT ACT, 1861. 24 VICT. CAP. 10. WHEREAS it is expedient to extend the jurisdiction and improve the practice of the High Court of Admiralty of England: be it therefore 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: 1. This Act may be cited for all purposes as "The Admiralty Court Act, 1861." 2. In the interpretation and for the purposes of this Act (if not inconsistent with the context or subject) the following terms shall have the respective meanings hereinafter assigned to them; that is to say, "Ship" shall include any description of vessel used in navigation not propelled by oars: "Cause" shall include any cause, suit, action, or other proceeding in the Court of Admiralty. 3. This Act shall come into operation on the first day, of June one thousand eight hundred and sixty-one. 4. The High Court of Admiralty shall have jurisdiction over any for building, claim for the building, equipping, or repairing of any ship, if at the or repairing time of the institution of the cause the ship or the proceeds thereof of ships. are under arrest of the Court. equipping, As to claims for necessaries. As to claims for damage to cargo imported. As to claims for damage 5. The High Court of Admiralty shall have jurisdiction over any claim for necessaries supplied to any ship elsewhere than in the port to which the ship belongs, unless it is shown to the satisfaction of the Court that at the time of the institution of the cause any owner or part-owner of the ship is domiciled in England or Wales: provided always, that if in any such cause the plaintiff do not recover twenty 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. 6. The High Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any port in England or Wales in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of duty or breach of contract on the part of the owner, master, or crew of the ship, unless it is shown to the satisfaction of the Court that at the time of the institution of the cause any owner or part-owner of the ship is domiciled in England or Wales provided always, that if in any such cause the plaintiff do not recover twenty 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. 7. The High Court of Admiralty shall have jurisdiction over any by any ship. claim for damage done by any ship. 8. The High Court of Admiralty shall have jurisdiction to decide A. C. Act, 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 in 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. decide ques 17 & 18 Vict. c. 104, as to 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. life. wages by master of a 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 for dis the 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 ship. 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. gard to 11. The High Court of Admiralty shall have jurisdiction over 3 & 4 Vict. any claim in respect of any mortgage duly registered according to C. 65, in rethe provisions of "The Merchant Shipping Act, 1854," whether the mortgages ship or the proceeds thereof be under arrest of the said Court or not. extended to Court of & 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 & is 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. Admiralty 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 or 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- Court of 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 effect of payable, shall be deemed judgment creditors, and all powers of enforcing judgments 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 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 Party in may apply for inspection by Trinity masters. Admission of documents. 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, aud 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 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 there out as to it shall seem fit. 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 |