A. C. Act, think himself aggrieved on account of its not being made according 1840. to the award, or otherwise, it shall be lawful for him, within fourteen days after the making of the award, or payment of the money, but not afterwards, to take out a monition from the said High Court of Admiralty, requiring any person being in possession of any part of the amount awarded or voluntarily paid to bring in the same, to abide the judgment of the Court concerning the distribution thereof; and in the case of an award the person or persons by whom the award shall have been made shall, upon monition, send without delay to the said High Court of Admiralty a copy of the proceedings before him and them, and of the award, on unstamped paper, certified under his or their hand; and the same shall be admitted by the Court as evidence, and the amount awarded or voluntarily paid shall be distributed according to the judgment of the Court. The Court, in certain cases, may adjudicate on claims for services and neces saries, although not on the high seas. Evidence may be taken viva Court. 6. And be it enacted, that the High Court of Admiralty shall have jurisdiction to decide all claims and demands whatsoever in the nature of salvage for services rendered to or damage received by any ship or sea-going vessel, or in the nature of towage, or for necessaries supplied to any foreign ship or sea-going vessel, and to enforce the payment thereof, whether such ship or vessel may have been within the body of a county, or upon the high seas, at the time when the services were rendered or damage received, or necessaries furnished, in respect of which such claim is made. 7. And be it enacted, that in any suit depending in the said Iligh Court of Admiralty, the Court (if it shall think fit) may summon voce in open before it and examine or cause to be examined witnesses by word of mouth, and either before or after examination by deposition, or before a commissioner, as hereinafter mentioned; and notes of such evidence shall be taken down in writing by the Judge or registrar, or by such other person or persons, and in such manner, as the Judge of the said Court shall direct. Evidence may be taken vira commis sioner. in 8. And be it enacted, that the said Court may, if it shall think fit, any such suit issue one or more special commissions to some person, voce before a being an advocate of the said High Court of Admiralty of not less than seven years' standing, or a barrister-at-law of not less than seven years' standing, to take evidence by word of mouth, upon oath, which every such commissioner is hereby empowered to administer, at such time or times, place or places, and as to such fact or facts, and in such manner, order and course, and under such limitations and restrictions, and to transmit the same to the registry of the said Court, in such form and manner as in and by the commission shall be directed; and that such commissioner shall be attended, and the witnesses shall be examined, cross-examined, and re-examined by the parties, their counsel, proctors or agents, if such parties, or either of them, shall think fit so to do; and such commission shall, if need be, make a special report to the Court touching such examination, and the conduct or absence of any witness or other person thereon or relating thereto; and the said High Court of Admiralty is hereby authorized to institute such proceedings, and make such order or orders, upon such report, as justice may require, and as may be instituted or made in any case of contempt of the said Court. Attendance of witnesses 9. And be it enacted, that it shall be lawful in any suit depending and produc in the said Court of Admiralty for the Judge of the said Court, or for any such commissioner appointed in pursuance of this Act, to require A. C. Act, the attendance of any witnesses, and the production of any deeds, 1840. evidences, books or writings, by writ, to be issued by such Judge or tion of commissioner in such and the same form, or as nearly as may be, as papers may that in which a writ of subpoena ad testificandum, or of subpoena be com pelled by duces tecum, is now issued by her Majesty's Court of Queen's Bench subpoena. at Westminster; and that every person disobeying any such writ so to be issued by the said Judge or commissioner shall be considered as in contempt of the said High Court of Admiralty, and may be punished for such contempt in the said Court. of 3 & 4 Will. Admiralty. 10. And be it enacted, that all the provisions of an Act passed in Provisions the fourth year of the reign of his late Majesty, intituled "An Act 4, c. 42, exfor the further Amendment of the Law, and better Administration tended to of Justice," with respect to the admissibility of the evidence of wit- Court of nesses interested on account of the verdict or judgment, shall extend to the admissibility of evidence in any suit pending in the said Court of Admiralty, and the entry directed by the said Act to be made on the record of judgment shall be made upon the document containing the final sentence of the said Court, and shall have the like effect as the entry on such record. direct 11. And be it enacted, that in any contested suit depending in the Power to said Court of Admiralty, the said Court shall have power, if it shall issues. think fit so to do, to direct a trial by jury of any issue or issues on any question or questions of fact arising in any such suit, and that the substance and form of such issue or issues shall be specified by the Judge of the said Court at the time of directing the same; and if the parties differ in drawing such issue or issues, it shall be referred to the Judge of the said Court to settle the same; and such trial shall be had before some Judge of her Majesty's Superior Courts of Common Law at Westminster, at the sittings at nisi prius in London or Middlesex, or before some Judge of assize at nisi prius, as to the said Court shall seem fit. issues and 12. And be it enacted, that the cost of such issues, or of such com- Costs of mission as aforesaid, as the Judge of the said High Court of Admiralty commisshall under this Act direct, shall be paid by such party or parties, sions to be person or persons, and be taxed by the registrar of the said High in the disCourt of Admiralty, in such manner as the said Judge shall direct, the Court. and that payment of such costs shall be enforced in the same manner as costs between party and party may be enforced in other proceedings in the said Court. cretion of trials. 13. And be it enacted, that the said Court of Admiralty, upon Power to application to be made within three calendar months after the trial direct new of any such issue by any party concerned, may grant and direct one or more new trials of any such issue, and may order such new trial to take place in the manner herein before directed with regard to the first trial of such issue, and may by order of the same Court direct such costs to be paid as to the said Court shall seem fit upon any application for a new trial, or upon any new trial, or second or other new trial, and may direct by whom and to whom and at what times and in what manner such costs shall be paid. 14. And be it enacted, that the granting or refusing to grant an Granting issue, or a new trial of any such issue, may be matter of appeal to her Majesty in Council, refusing new trial, matter of appeal, 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 Admiralty. 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 verthe Court of dict of the jury upon any such issue (unless the same shall be set 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. Provisions of c. 92, as to appeals to apply to suits in Court of under this Act. 3 & 4 Will. c. 41, to apply in 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 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. 19. And be it declared and enacted, that no action shall lie against Protection of the Judge 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. soners com the Court of coroners. 20. And be it enacted, that the keeper for the time being of every Gaolers to receive pricommon 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 Admiralty 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 conditions 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 hereinbefore 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 are under arrest of the Court. equipping, of ships. As to claims for necessaries. As to claims for damage to cargo imported. As to claims for damage by any ship, 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 claim for damage done by any ship. |