- 24 Vict. c. 10
AN ACT TO EXTEND THE JURISDICTION AND IMPROVE THE PRACTICE OF THE HIGH
COURT OF ADMIRALTY
[17th May, 1861]
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." [/Short Title]
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 herein-after assigned to them; that is to say;
[Interpretation of Terms]
"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. [Commencement of Act.]
4. The High Court of Admiralty shall have Jurisdiction over any claim for
the building, equipping, or repairing of any Ship, if at the Time of the
Institution of the Cause the Ship or the Proceeds thereof are under Arrest
of the Court. [As to Claims for building, equipping, and c. ships.]
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 is any
such Causes 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. [As to claims for necessaries].
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 the cause was a fit one to be tried in the said
Court. [As to the claims for damage to cargo Imported].
7. The High Court of Admiralty shall have jurisdiction over any claim for
damage done by any ship. [As to claims for damage by any ship].
8. The High Court of Admiralty shall have jurisdiction to decide all
questions arising between the co-owners, or any of them, touching the
ownership, possession, employment, and earnings of any ship registered at
any port in England or Wales, or any share thereof, and may settle all
accounts outstanding and unsettled between the parties in relation
thereto, and may direct the said ship or any share thereof to be sold, and
may make such order in the premises as to it shall seem fit. [High Court
of Admiralty to decide questions as to ownership & c. of ships].
9. All the provisions of "The Merchant Shipping Act, 1854", in 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 any British Ship or
Boat, wheresoever the Services may have been rendered, and from any
Foreign Ship or Boat, where the Services have been rendered either wholly
or in part in British Waters. [Extending 17 & 18 Vict. c. 104, 25 to
Claims for salvage of life].
10. The High Court of Admiralty shall have jurisdiction over any claim by
a seaman of any ship for wages earned by him on board the ship, whether
the same be due under a special contract or otherwise, and also over any
claim by the master of any ship for wages 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. [As to claims for wages and for disbursements by
transfer of a ship].
11. The High Court of Admiralty shall have jurisdiction over any claim in
respect of any mortgage duly registered according to the provisions of
"The Merchant Shipping Act, 1854" whether the ship or the proceeds thereof
be under arrest of the said Court or not. [In regard to mortgages extended
to Court of Admiralty].
12. The High Court of Admiralty shall have the same powers over any
British ship or any share therein, as are conferred upon the High Court of
Chancery in England by the Sixty-Second, Sixty-third, Sixty-fourth and
Sixty-fifth Sections of "The Merchant Shipping Act, 1854." [17 & 18 Vict.
---- extended].
13. Whenever any ship or vessel, or the proceeds thereof, are under arrest
of the High Court of Admiralty, the said court shall have the same powers
as are conferred upon the High Court of Chancery in England by the ninth
party of "The Merchant Shipping Act, 1854." [Part 9 of 17 & 18 Vict. c.
104, extended to Court of Admiralty].
14. The High Court of Admiralty shall be a Court of Record for all Intents
and purposes. [Court to be a Court of Record].
15. All Decrees and Orders of the High Court of Admiralty whereby any sum
of Money or any costs, charges or expenses shall be payable to any Person,
shall have the same Effect as Judgments in the Superior Courts of Common
Law, and the persons to whom any such monies or costs, charges or expenses
shall be payable, shall be deemed Judgment Creditors and all powers of
enforcing Judgments possessed by the Superior Courts of Common Law, or 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 in like manner possessed by
Persons to whom any monies, costs, charges or expenses are by such Orders
or Decrees of the said Court of Admiralty directed to be paid. [Decrees &
Orders of Court of Admiralty to have effect of Judgments at Common Law].
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 cluttels, 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. [as to claims to goods taken in execution].
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 compri 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. [Powers of Superior
Courts extended to Court of Admiralty].
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
thereout as to it shall seem fit. [Party in Court of Admiralty may apply
for an order for inspection by Trinity Masters].
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,
moving 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 may be, unless, at the Trial
the Judge shall certify that the Refusal to admit was reasonable.
[Admission of Documents].
20. Whenever it shall be made to appear to the Judge of the High Court of
Admiralty that reasonable Efforts have been made to effect personal
service of any Citation, Monition, or other Process issued under Seal of
the said Court, and either that the same has come to the knowledge of the
Party thereby cited or monished, or that he wilfully evades service of the
same, and has not appeared thereto, the said Judge may order that the
Party on whose behalf 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. [Power to Court of Admiralty
when personal service of Citation has not been effected to order parties
to ______ ].
21. The service in any part of Court Britain or Ireland of my writ of
subpuena ad testificandum or subpuena ducos tocum, issued under seal of
the High Court of Admiralty, shall be as effectual as if the same had been
served in England or Wales. [As to the service of subpuena out of England
and Wales].
22. Any new writ or other process necessary or expedient for giving Effect
to any of the Provisions of this Act may be issued from the High Court of
Admiralty in such Form as the Judge of the said Court shall from time to
time direct. [Power to issue new Writs or other process]
23. All the powers possessed by any of the Superior Courts of Common Law
or any Judge thereof, under the Common Law Procedure Act, 1854, and
otherwise, with regard to Reference to Arbitration, Proceedings thereon
and the enforcing of awards of arbitrators, shall be possessed by the
Judge of the High Court of Admiralty in all causes and matters depending
in the said court, and the Registrar of the said Court of Admiralty shall
possess as to such matters the same powers as are possessed by the masters
of the said superior Courts of Common Law in relation thereto. [Judge and
Registrar to have same power as to arbitration as Judges and masters at
Common Law).
24. The Registrar of the High Courts of Admiralty shall have the same
Powers under the Fifteenth Section of the Merchant Shipping Act, 1854, as
are by the said Section conferred on the Masters of Her Majesty's Court of
Queen's Bench in England and Ireland. [17 & 18 Vict. c. 104 s.15 extended
to Registrar of Courts].
25. The Registrar of the High Court of Admiralty may exercise, with
reference to causes and matters in the said court, the same powers as any
surrogate of the judge of the said court sitting in chambers might or
could have heretofore lawfully exercised; and all powers and authorities
by this or any other Act conferred upon or vested in the registrar of the
said High Court of Admiralty may be exercised by any deputy or assistant
registrar of the said Court. [Powers of registrar and of deputy or
assistant registrar].
26. The registrar of the said Court of Admiralty shall have power to
administer Oaths in relation to any cause or matter depending in the said
court; and all powers and authorities by this or any other Act conferred
upon or vested in the registrar of the said High Court of Admiralty may be
exercised by any deputy or assistant registrar of the said Court, or
before any person authorised 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 willful and corrupt perjury. [False oath or
affirmation deemed perjury].
27. Any advocate, barrister-at-law, proctor, attorney, or solicitor of ten
years standing may be appointed registrar or assistant or deputy registrar
of the said court. [Appointment of Registrar and of deputy or assistant
registrar].
28. Any advocate, barrister-at-law, proctor, attorney, or solicitor may be
appointed an examiner of the High Court of Admiralty. [Appointment of
Examiners].
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.
[Stamp duty no payable on subsequent admissions & c.]
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 of and
incident to any Cause or matter depending in or connected with the said
Court; and nothing contained in the Act of the fifty-fifth year of the
Reign of King George the Third, Chapter One 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. [Proctor may act as Agent of
Solicitors].
31. The Act passed in the Second year of the Reign of King Henry the
Fourth, intituled A Itemedy for him who is wrongfully pursued in the Court
of Admiralty, is hereby repealed. [2 Hen. 4.c.11. repealed].
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 thereupon to Her Majesty in Council, as
fully and effectually as from any final Decree or Sentence of the said
Court. [Power of Appeal interested in matter].
33. In any cause in the High Court of Admiralty bail may be 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 withhold the release of any
property under its arrest until such bail has 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. [Bail given in the Court of
Admiralty good 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 crew 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 thinks
fit, suspend the proceedings in the principal cause, until security has
been given to answer judgment in the cross cause. [As to the hearing of
cause and cross causes].
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. [Jurisdiction of the Court].
- BCAS: 7103-1001
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