DIGEST AND INDEX OF THE STATUTES. FOURTH PART. ADMIRAL, ADMIRALTY. THE office, authority, and privileges of the Lord High Admiral are defined in general terms by the 13 R. 2, St. 1, c. 5; and 15 R. 2, c. 3. The 2 H. 5, St. 1, c. 6, gives all forfeitures to the Admiral, and his power to license fishermen is recognised by the 2 & 3 E. 6, c. 6, under certain restrictions. The 2 W. & M. St. 2, c. 2, s. 5, gives to commissioners for executing the office of Lord High Admiral the same powers and privileges given to him by statute; and the 7 & 8 G. 4, c. 65, confirms to the Lord High Admiral his former power and privileges. The warden of the Cinque Ports is Admiral within his jurisdiction, as is recognised by the 2 H. 5, St. 1, c. 6; 27 H. 8, c. 4; 28 H. 8, c. 15; 5 El., c. 5; 11 & 12 W. 3, c. 7; 48 G. 3, c. 130; and 5 & 6 W. 4, c. 76, s. 108. By the 2 W. & M., St. 2, c. 2; the 22 G. 2, (not G. 3, as in Dig. Part I., ADMIRALTY COURTS, tit. Martial,) and the annual Marine Mutiny Act, the Admiral or the Lords Commissioners of the Admiralty are empowered to make articles of war, and grant commissions to hold courts martial: by the 54 G. 3, c. 159, to make regulations as to anchorage; and by the 9 G. 4, c. 66, the "Nautical Almanack" must be printed under the authority of the Admiralty. The 10 G. 4, c. 25, s. 3, vests the general control over Greenwich Hospital in the Admiralty. The 2 & 3 W. 4, c. 40, transfers the civil department of the navy to the com missioners. The power of impressing seamen is founded upon immemorial usage, R. v. Tubbs, Cowp. 512, and the authority of the Admiral in that respect is recognised by the 2 R. 2, c. 4; 15 R. 2, c. 3; 2 G. 3, c. 15; 50 G. 3, c. 108, which three last statutes empower the Admiral to grant protections from impressment. The tenth of prize goods belonged, by the common law, to the Admiral; but this privilege is taken away by the 13 G. 2, c. 4, s. 2. This title is given in the first part of the Digest only, and therefore is inserted here with the decisions on the statutes; otherwise as a rule (with PART IV. some few exceptions) this part is confined to the statutes of the three last sessions. B The common law jurisdiction of the Court of Admiralty in civil and criminal matters is restricted by the 13 R. 2, St. 1, c. 5; 15 R. 2, c. 3; and a remedy is given by the 2 H. 4, c. 11, to persons unlawfully sued therein. The matters to be brought before the Admiralty Court, and the mode of proceeding therein, are provided for by the 27 H. 8, c. 4; 28 H. 8, c. 13; 11 & 12 W. 3, c. 7; 4 G. 2, c. 26; 38 G. 3, c. 28; 41 G. 3, Sess. 2, c. 96; 53 G. 3, c. 151; 56 G. 3, c. 82; 1 G. 4, c. 90; 7 G. 4, cc. 38, 64; 6 & 7 W. 4, c. 53; 7 W. 4 & 1 V., cc. 85, 86, 87, 89; 3 & 4 V., cc. 65, 66; see further, Dig. Part I., tit. ADMIRAL, ADMIRALTY, also INFRA. 13 R. 2, St. 1, c. 5. What things the Admiral and his Deputy shall meddle. The admirals and their deputies shall not meddle from henceforth of anything done within the realm, but only of a thing done upon the sea. 15 R. 2, c. 3. In what places the Admiral's jurisdiction doth lie. Of all manner of contracts, pleas and quarrels, and all other things rising within the Done within the realm.-This is in confirmation of the common law, which confines the jurisdiction of the Admiralty to matters done on the main sea, or coasts of the sea, not being in any county, cinque port, haven or pier, Constable's Case, 5 Co. 107; S. C. And. 89; S. P. 3 Inst. 113. The next statute, the 15 R. 2, c. 3, defines the jurisdiction more particularly, see infra, n. (b). But it has been held that these statutes relate only to the Court of Admiralty called the Instance Court, as distinguished from that branch of it called the Prize Court, the manner of proceeding in which last court is totally different from that in the former; the jurisdiction of the Prize Court not depending upon the locality, but upon the nature of the question, is not governed by the rules of the common law, but by the jus belli. Therefore the question of "prize or no prize," belongs solely to the Prize Court, Lindo v. Rodney, 2 Dougl. 612, n. (i); but see post, p. 9. b In what places.-It has been laid down in our books that the Admiral's jurisdiction is confined to matters arising on the high seas only, but they are not agreed as to what shall be understood by the words altum mare, some taking it to be no part of the sea where one may see what is done on the other side the water, Admiralty, 12 Co. 80; 4 Inst. 140; others contending that that arm or branch of the sea which lies within the fauces terræ, where a man may reasonably discern between shore and shore, is, or at least may be within the body of a county, and therefore within the jurisdiction of the sheriff or coroner, Hale, Jur. Mar. p. 10; others that when the place is covered with salt water and out of any county or town, it is altum mare, Leigh v. Burley, Ow. 122. Where, however, there is any doubt, the common law jurisdiction ought to prevail, 2 East, P. C. c. 17, s. 10; see further as to this point, so far as it affects the right of fishery, 1 Law R. Prop. § 105, et seq. All manner of contracts.-The Court of Admiralty has no jurisdiction as to contracts made upon land, whether such contract be made here or in foreign parts, Bridgeman's Case, Hob. 11; and if a contract be made upon sea which is afterwards sealed upon the land, the Court cannot hold plea thereof, Palmer v. Pope, Hob. 79; so, although a contract be made at sea, yet not for a marine cause, as if a man makes an obligation at sea for securing a debt contracted before upon land, the Court of Admiralty cannot hold plea thereof; but if it had remained an agreement not sealed, it would have been otherwise, ib. 79, 212; but in cases of necessity the master may hippothecate or pledge the ship or goods, and such contract is cognisable in the Court of Admiralty, ib.; see also Johnson v. Shippen, 2 Ld. Raym. 982; S. C. 6 Mod. 79; but this is allowed only where there is no remedy at common law; where, therefore, a party contracted for a cable to be delivered at Ratcliffupon-Thames, and a suit was brought in the Admiralty for the recovery of the amount, although it was insisted that the cable was rendered necessary by stress of weather, yet as there was a remedy at law for the breach of contract, it could not be sued for in the Admiralty; sed secus, if the contract had been at Rotterdam, for then there would have been no remedy but by suit in the Admiralty, Justin v. Ballam, 1 Salk. 34; so mariners may sue for their wages in that Court, Clay v. Sudgrave, ib. 33; S. C. nom. Clay v. Snalgreve, 1 Ld. Raym. 576; and although it is there said to be only by indulgence that mariners are allowed to use that remedy, ib.; yet the 4 & 5 A., c. 16, s. 17, puts suits for seamen's wages upon the same footing as other suits; but if there is any special agreement by which the mariners are to receive their wages in any other than the usual manner, or if the agreement is under seal, they cannot sue in the Admiralty Court, Opy v. Addison, 1 Salk. 31; S. C. 12 Mod. 38; Day v. Searle, 2 Str. 968, recognised in How v. Nappier, 4 Burr. 1945, overruling Coke v. Cretchet, 3 Lev. 60. Officers under the master, as the mate, purser, &c., may also sue for their wages in the Admiralty Court, for they contract with the master, Anon. 1 Vent. 343; Woodward v. Bonithon, T. Raym. 3; Hooke v. Moreton, 1 Ld. Raym. 397; Bayly v. Grant, 1 Salk. 33; Ragg v. King, 2 Str. 858; but the master himself may not sue there, 4 Inst. 141; Woodward v. Bonithon, T. Raym. 3. 15 R. 2, c. 3. In what places the Admiral's Jurisdiction doth lie. bodies of counties as well by land as by water, and also of wreck of the sea, the Admiral's Court shall have no cognizance, but of the death of a man and of a mayhem done in great ships, being in the main stream of great rivers only, beneath the bridges thereof nigh to the sea, and none other places in the same he shall have cognizance. Also he may arrest ships in the greet fleets for the great voyages of the king, and of the realm, saving always to the king, all manner of forfeitures and profits thereof coming, and he shall have jurisdiction therein during the said voyages only, saving always to the lords' cities and boroughs their liberties and franchises. 2 H. 4, c. 11. A Remedy for him who is wrongfully pursuedi in the Court of Admiralty. Touching a pain to be set upon the admiral or his lieutenant, that the statute and common law be holden against them; and the party feeling himself grieved against the form of the statute, shall have his action upon the case against him that pursueth in that court, and recover double damages against the pursuer, who, if attainted, shall also incur the penalty of 10%. to H. M. for the pursuit so made. 2 H. 5, St. 1, c. 6. Conservators of Truce in and Safe Conduct. Sect. 3.-No possessors of ships going out of any port shall make any fine or ransom, or have imprisonment of body, if the same possessors be not in the same ships at the time of the offence committed against this ordinance. And the admiral shall have the for d Within the bodies of counties.-The sea within the jurisdiction of the Admiral is described out of every county, for if the sea be within any county, then the jury may come from thence, and the Admiral has jurisdiction only where the common law cannot give remedy, Admiralty, 12 Co. 80; therefore the Admiralty cannot hold plea of a thing done upon the Thames, because it is within the body of the county, Leigh v. Burley, Om. 122; Oradocs Case, 2 Brownl. 37. Of wreck.-Where a ship founders or is split, the Admiralty Court has jurisdiction over the goods, which become flotsam, jetsam, and lagan, and a suit for these must be in that court, but goods wrecked must be claimed at common law, 2 Inst. 167; 4 Inst. 154; Constable's Case, 5 Co. 107; Bourne v. Cinque Ports, Palm. 96; Lord High Admiral v. Linsted, 1 Sid. 178; see further as to the law of wreck, 1 Law R. Prop. § 656, et. seq.; also, Dig. Part I., ADMIRAL, tit. Jurisdiction (and there read "not to hold" for "to hold.") Death of a man.-The common law jurisdiction of the Admiralty is confined to offences committed on the main sea, or coasts of the sea, not being in any county, cinque port, or haven, and the Admiral could have no jurisdiction in any rivers, arms, or creeks. This Act gives him jurisdiction in cases of homicide and mayhem done in great rivers, and other statutes have altered the common law in other particulars. The jurisdiction given to the Admiral by this statute is held to be concurrent with, and does not supersede, the common law jurisdiction, Bruce's Case, 2 Leach, C. C. 1093; S. C. East, P. C. 368; Russ. & R. C. C. 243. Upon the open shore the common law and Admiral have alternate jurisdiction over the space between high and low water-mark, 3 Inst. 113; 2 Hale, P. C. 17, 20; so that if a man stricken on the high sea die on the shore on the reflux of the tide, the case is out of the Admiral's jurisdiction, R. v. Lacie, 2 Hale, P. C. 17, 20; but in a very late case, R. in her Office of Admiralty v. a Ship, 9 Jur. 281, where the question was, whether it were wreccum maris or a droit of the Admiralty, it was held to be the latter, because at the time of taking possession, the ground where it was seized was not dry. s Beneath the bridges. In Leigh v. Burley, Ow. 122, it is said per cur., "that the translator mistook bridges for points, as the Land's End. The words in the Act art "peraval les pointz;' in Cay's Abridgment it is "portes;" in the Nova Statutæ it is "pointz." i Wrongfully pursued.-If upon petition to the judge of the Admiralty, a ship is stopped in a harbour, this is a prosecution within the meaning of the statute, and he who procures this first process out of that court doth pursue therein according to the words of the statute, Child v. Sands, Carth. 295; S. C. Skinn. 361; 4 Mod. 176; 1 Salk. 31; 3 Lev. 351; so, although the suit may be by the Queen's command, and in the name of her proctor, yet if it be done by the procuration of the parties, and they pay the fees, this is a prosecution within the statute, Sands. v. Child, 3 Lev. 353. k Party feeling himself grieved.-This action is grounded on a tort, and therefore, being several in its nature, it may be brought by one partowner, Child v. Sands, ub. sup.; Smith v. Gibson, 2 Str. 1045. 1 Action on the case.-An action for suing in the Admiralty, where the cause arises upon land, might be brought by bill, notwithstanding the 18 El., c. 5, Ball v. Trelawny, Cro. Car. 603; and see now the Uniformity of Process Act, 2 & 3 W. 4, c. 39, Dig. Part I., tit. PROCESS. m Conservators of Truce. The practice of appointing such conservators soon fell into disuse, as this part of the statute is supposed to have been virtually repealed by the 14 E. 4, c. 4; but the 31 H. 6, c. 4, provides for the safety of strangers coming in under a truce or safe conduct, see post, p. 10, 12. 4 2 H. 5, St. 1, c. 6. Conservators of Truce and Safe Conduct. feitures in all cases out of the franchise of the five ports, as he hath had, and hath been 27 H. 8, c. 4. Of Pirates and Robbers on the Sea. CONF. and EXT. 28 H. 8, Sect. 1.-All offences of piracy, robbery, murder, and manslaughter, (or all treasons, felonies, robberies, murders, and confederacies, 28 H. 8, c. 15,) done in or upon the sea, or in any other haven, river, or creek where the admiral has or pretends to have jurisdiction," shall be inquired, tried, and determined in such shires and places in this realm as shall be limited by H. M.'s commission, to be directed for the same in like form as if the offences had been done on land; and such commission shall be under H. M.'s great seal, and directed to the admiral or admirals, or his or their lieutenant or deputy, and to three or four such other persons as shall be named by the chancellor, and determine such offences after the course of the laws of the land. Sect. 2.-Three of such persons (four, 28 H. 8, c. 15), to whom such commissions are directed, may inquire of such offences by the oaths of twelve men inhabiting the shire limited in such commission, in such manner as if the offences were committed therein, and every indictment found and presented before such commissioners of any (treasons, 28 H. 8, c. 15,) felonies, robberies, murders, or manslaughters done on the seas, or in any other haven, &c., shall be good; and if any person is indicted for any such offence there done, such process, judgment, and execution, shall go against him, as against traitors (28 H. 8, c. 15), felons, &c., for treasons, felonies, &c., done on land as by law accustomed; and his trial shall be had by twelve men so inhabiting in such shire, and no challenge to be had for the hundred; and if convicted of any such offence by verdict, confession, or process, he shall suffer death, (REP. 7 W. 4 & 1 V., c. 88, as to the punishment) and forfeit goods as in cases of offences done on land. Sect. 5.-This Act shall not prejudice any person for taking any victuals, cables, ropes, anchors, or sails, which are taken of necessity of any other ship that can conveniently spare them, so that such person pay out of hand for the same, or deliver a bill for the same in this form, viz., that if such taking be on this side the straits of Marrock, then to be paid within four months; and if beyond, then within twelve months; and that the same be paid. 33 H. 8, c. 23. Proceeding by special Commission to try Treasons 00 and other Offences, without remanding the same to the county where committed. Sect. 6.-When any such commission is directed to any place within the jurisdiction of the five ports, it shall be directed to the lord warden or his deputy, and unto three or four such others as the chancellor shall appoint. 2 & 3 E. 6, c. 6. Against Exactions by the Admiral and his Officers. Sect. 2.-Neither the admiral nor any officers or ministers of the Admiralty shall take any money, doles of fish, or other reward, for any licence to pass the realm on any " Pretends to have jurisdiction.—These words • Laws of the land.-Previous to this Act, a man robberies, murders, confederacies, and slaughter, but did not give conusance of any felony not a felony at land, nor to any felony newly created by statute, R. v. Snape, 2 East's P. C. 807; but this defect has been supplied by the 39 G. 3, c. 37, see post, p. 5. 。° To try treasons, &c.-This Act is repealed as to treason by 1 & 2 Ph. & M., c. 10, and extended to accessaries by the 43 G. 3, c. 113; but it has been held that an alien enemy cannot be tried here for a manslaughter committed abroad, in pursuance of the 33 H. 8, c. 23, and 43 G. 3, c. 113, R. v. Depardo, 1 Taunt. 26. |