« PreviousContinue »
Court of Record.
And Part 9 of 13. Whenever any Ship or Vessel, or the Proceeds thereof, 17 & 18 Vict.
under Arrest of the High Court of Admiralty, the said c. 104. extended to Court of
Court shall have the same Powers as are conferred upon the Admiralty. High Court of Chancery in England by the Ninth Part of
« The Merchant Shipping Act, 1854.” Court to be a
14. The High Court of Admiralty shall be a Court of
Record for all Intents and Purposes. Decrees and 15. All Decrees and Orders of the High Court of AdOrders of miralty, whereby any Sum of Money, or any Costs, Charges, Court of Admiralty to have
or Expenses, shall be payable to any Person, shall have the Effect of Judg- same Effect as Judgments in the Superior Courts of Common ments at Com- Law, and the Persons to whom any such Monies, or Costs, mon Law.
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. As to Claims 16. If any Claim shall be made to any Goods or Chattels to Goods taken taken in Execution under any Process of the High Court of in Execution.
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
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 Powers of Suall such Powers as are possessed by any of the Superior Courts perior Courts of Common Law or any Judge thereof to compel either Party Court of Adin any Cause or Matter to answer Interrogatories, and to miralty. 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 Party in Court shall be at liberty to apply to the said Court for an Order for of Admiralty the Inspection by the Trinity Masters or others appointed for may apply for the Trial of the said Cause, or by the Party himself or his Inspection by Witnesses, of any Ship or other Personal or Real Property, Trinity Masthe Inspection of which may be material to the Issue of the ters. Cause, and the Court may make such Order in respect of the Costs arising thereout as to it shall seem fit.
19. Any Party in a Cause in the High Court of Admiralty Admission or may call on any other Party in the Cause by Notice in Writing Documents. 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 may be, unless at the Trial the Judge shall certify that the Refusal to admit was reasonable.
20. Whenever it shall be made to appear to the Judge of Power to the High Court of Admiralty that reasonable Efforts have been Court of Admade to effect personal Service of any Citation, Monition, or personal Serother Process issued under Seal of the said Court, and either vice of Citation that the same has come to the Knowledge of the Party thereby has not been cited or monished, or that he wilfully evades Service of the order Parties same, and has not appeared thereto, the said Judge may order to proceed. 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.
21. The Service in any Part of Great Britain or Ireland of As to the Serany Writ of Subpæna ad testificandum or Subpoena duces vice of Subtecum, issued under Seal of the High Court of Admiralty, shall be England and as effectual as if the same had been served in England or Wales. Wales.
22. Any new Writ or other Process necessary or expedient Power to issue for giving Effect to any of the Provisions of this Act may be new Writs or
c. 104. s. 15. extended to
issued from the High Court of Admiralty in such Form as the
Judge of the said Court shall from Time to Time direct. Judge and Re- 23. All the Powers possessed by any of the Superior Courts gistrar to have of Common Law or any Judge thereof, under the Common same Power as to Arbitration
Law Procedure Act, 1854, and otherwise, with regard to as Judges and References to Arbitration, Proceedings thereon, and the en
forcing of Awards of Arbitrators, shall be possessed by the Common Law.
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. 17 & 18 Vict.
24. The Registrar of the High Court of Admiralty shall
have the same Powers under the Fifteenth Section of the Registrar of Merchant Shipping Act, 1854, as are by the said Section Court of Ad- conferred on the Masters of Her Majesty's Court of Queen's miralty.
Bench in England and Ireland. Powers of Re- 25. The Registrar of the High Court of Admiralty may gistrar and of exercise, with reference to Causes and Matters, in the said Assistant Re- Court, the same Powers as any Surrogate of the Judge of the gistrar. 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. False Oath or 26. The Registrar of the said Court of Admiralty shall Affirmation deemed Per
have Power to administer Oaths in relation to any Cause or jury.
Matter depending in the said Court; and any Person who shall wilfully depose or affirm 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. Appointment 27. Any Advocate, Barrister-at-Law, Proctor, Attorney, or of Registrar Solicitor of Ten Years Standing may be appointed Registrar or and Deputy,&c. Assistant or Deputy Registrar of the said Court. Appointment 28. Any Advocate, Barrister-at-Law, Proctor, Attorney, or of Examiners. Solicitor may be appointed an Examiner of the High Court of
Admiralty. Stamp Duty 29. Any Person who shall have paid on his Admission in not payable on subsequent
Court as a Proctor, Solicitor, or Attorney the full Stamp
any Admissions of Duty of Twenty-five.Pounds, and who has been or shall hereProctors or after be admitted a Proctor, Solicitor, or Attorney, (if in other Solicitors.
respects entitled to be so admitted,) shall be liable to no further
Stamp Duty in respect of such subsequent Admission. Proctor may 30. Any Proctor of the High Court of Admiralty may act act as Agent of Solicitors.
as Agent of any Attorney or Solicitor, and allow him to participate in the Profits of and incident to any Cause or Måtter depending in or connected with the said Court; and nothing contained in the Att-of-the-- Filty-fifth Year of the
-Preign 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.
31. The Act passed in the Second Year of the Reign of 2 Hen. 4. c. 11. King Henry the Fourth, intituled A Remedy for him who is repealed. wrongfully pursued in the Court of Admiralty, is hereby repealed.
32. Any Party aggrieved by any Order or Decree of the Power of Judge of the said Court of Admiralty, whether made ex parte Appeal in inor otherwise, may, with the Permission of the Judge, appeal Matters. therefrom to Her Majesty in Council, as fully and effectually as from
final Decree or Sentence of the said Court. 33. In any Cause in the High Court of Admiralty Bail Bail given in may be taken to answer the Judgment as well of the said the Court of Court as of the Court of Appeal, and the said High Court of good in the Admiralty may withhold the Release of any Property under Court of Apits Arrest until such Bail has been given ; and in any Appeal peal. 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 As to the of the Defendant in any Cause of Damage, and on his hearing of instituting a Cross Cause for the Damage sustained by him in Cross Causes. respect of the same Collision, direct that the Principal Cause and the Cross Cause be heard at the same Time and
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 Jurisdiction of Court of Admiralty may be exercised either by Proceedings in the Court. rem or by Proceedings in personam.
of the Law of Foreign Countries when pleaded in
[17th May 1861.] ( WH
HEREAS an Act was passed in the Twenty-second
and Twenty-third Years of Her Majesty's Reign, 'intituled An Act to afford Facilities for the more certain 22 & 23 Vict.
Ascertainment of the Law administered in one Part of Her • Majesty's Dominions when pleaded in the Courts of another ' Part thereof: And whereas it is expedient to afford the like
• Facilities for the better Ascertainment, in similar Circum
stances, of the Law of any Foreign Country or State with - the Government of which Her Majesty may be pleased to
enter into a Convention for the Purpose of mutually ascertain
ing the Law of such Foreign Country or State when pleaded s in Actions depending in any Courts within Her Majesty's
Dominions and the Law as administered in any Part of Her
the Courts of such Foreign Country or State:'. Be it therefore enacted by the Queen's most Excellent Majesty, 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; viz., Superior 1. If, in any Action depending in any of the Superior Courts within
Courts within Her Majesty's Dominions it shall be the Opinion Her Majesty's of such Court that it is necessary or expedient, for the Dominions may remit a
Disposal of such Action, to ascertain the Law applicable to the Case, with
Facts of the Case as administered in any Foreign State or Queries, to a Court of any
Country with the Government of which Her Majesty shall Foreign State have entered into such Convention as aforesaid, it shall be
competent to the Court in which such Action may depend to Her Majesty may have made direct a Case to be prepared setting forth the Facts as these a Convention may be ascertained by Verdict of Jury or other Mode comfor that Por
petent, or as may be agreed upon by the Parties, or settled by certainment of such Person or Persons as may have been appointed by the Law of such Court for that Purpose in the event of the Parties not agreeing ;
and upon such case being approved of by such Court or a Judge thereof, such Court or Judge shall settle the Questions of Law arising out of the same on which they desire to have the Opinion of another Court, and shall pronounce an Order remitting the same, together with the Case, to such Superior Court in such Foreign State or Country as shall be agreed upon in said Convention, whose Opinion is desired upon the Law administered by such Foreign Court as applicable to the Facts set forth in such Case, and requesting them to pronounce their Opinion on the Questions submitted to them; and upon such Opinion being pronounced, a Copy thereof, certified by an Officer of such Court, shall be deemed and held to contain a
correct Record of such Opinion. Court in which 2. It shall be competent to any of the Parties to the Action, Action depends after having obtained such certified Copy of such Opinion, to Opinion to the lodge the same with the Officer of the Court within Her Facts set forth Majesty's Dominions in which the Action may be depending in Cases, &c.
who may have the official Charge thereof, together with a Notice of Motion setting forth that the Party will, on a certain Day named in such Notice, move the Court to apply the Opinion contained in such certified Copy thereof to the Facts set forth in the Case herein-before specified, and the said Court shall thereupon, if it shall see fit, apply such Opinion to such
Facts in the same Manner as if the same had been pronounced | by such Court itself upon a Case reserved for Opinion of the