2 & 3 E. 6, c. 6. Against Exactions by the Admiral and his Officers. adventure or voyage to Iceland, Newfoundland, or Ireland, or any other adjacent places commodious for the getting of fish in or upon the seas or elsewhere. 2 W. & M., St. 2, c. 2. Concerning Commissioners of the Admiralty. 1 G. 4, c. 90; 7 & 8 G. 4, c. 65; see post. EXT. Sect. 2.-The powers vested by any Act of Parliament in the Lord High Admiral may be exercised by commissioners for executing his office. Sect. 3.-Nothing in this Act shall give new powers to the office. 4 G. 2, c. 26. Proceedings in Admiralty Courts. The commission and proceedings in Admiralty Courts may be certified in Latin as before this Act; but see now 3 & 4 V., c. 65, post, p. 7. 18 G. 2, c. 30. Extending 11 & 12 W. 3, c. 7, against Piracy. Sect. 20.-All persons being the natural-born subjects, or denizens of H. M., who during any future war shall commit any hostilities upon the sea, or in any haven, river, creek, or place where the admiral has jurisdiction, against H. M.'s subjects, under colour of any commission from H. M.'s enemies, or shall be otherwise adherent, or giving aid or comfort to them on the sea, or in any such haven, &c., may be tried as pirates, felons, or robbers, in the High Court of Admiralty on ship-board or land, in the same way as persons guilty of piracy, &c., are by the said Act, (Qu. 28 H. 8, c. 15, or 11 & 12 W. 3, c. 7,) directed to be tried, and on conviction shall suffer death, (but see now 7 W. 4 & 1 V., C. 88, abolishing the punishment of death for this offence) and loss of lands and goods as pirates, &c., under 11 & 12 W. 3, c. 7. Sect. 2.-Persons tried and acquitted, or convicted according to this Act for any such crimes, shall not be liable to be indicted again in Great Britain, or elsewhere, for the same crime as high treason. 38 G. 3, c. 38. ADMIRALTY. Concerning Appeals in Prize Causes, see Dig. Part I., tit. 39 G. 3, c. 37. Concerning Offences committed upon the High Seas. Sect. 8.-All offences committed upon the high seas, out of the body of any county, shall be offences of the same nature, and liable to the same punishments, as if they had been done on shore; and shall be inquired of, heard, tried, and determined, and adjudged, as treasons, felonies, &c., are by 28 H. 8, c. 15, directed to be. Sect. 9.-When any person is tried for murder or manslaughter done on the sea, under any commission directed under such Act, and shall be found guilty of manslaughter only, he shall be entitled to the benefit of clergy, and be subject to like punishment as if he had committed such manslaughter on land. 41 G. 3, Sess. 2, c. 96. Establishment of Vice Admiralty Courts for Prize Cases, in the West Indies. See Dig. Part I., tit. ADMIRALTY. 46 G. 3, c. 54, More speedy Trial P of Offences committed in distant parts upon the Sea. Sect. 10. All treasons, piracies, felonies, robberies, murders, conspiracies, and other offences, of what nature soever, committed upon the sea, or in any haven, river, creek, or place, where the admiral has jurisdiction, may be inquired of, heard, and determined according to the course of law used for offences committed on land within this realm, in any of H. M.'s islands, plantations, colonies, dominions, forts, or factories, under H. M.'s commission under the great seal of G. B., to be directed to such four persons as the lord chancellor shall think fit; and such commissioners, or three of them, shall have like powers, &c., for the trial of all such treasons, piracies, &c., within any such island, &c., as commissioners appointed according to 28 H. 8, c. 15, by any Speedy trial. This is an amendment of the 11 & 12 W. 3, c. 7, which provided for the trial of offences committed abroad, for which the 28 H. 8, c. 15, had made no provision. By this Act it seems that all offences committed abroad within the jurisdiction of the Court of Admiralty, are to be tried by a commission appointed under the 28 H. 8, and not according to the provisions in the 11 & 12 W. 3, the first seven sections of which are thereby superseded. 46 G. 3, c. 54. More speedy Trial of Offences committed in distant parts upon the Sea. law now in force would have to try such offences within this realm; and persons convicted of any such offences so to be tried under this Act shall suffer the same pains, penalties, &c., as by any law now in force they would if the same were tried, heard, &c., under the 28 H. 8, c. 15. 53 G. 3, c. 151. Office of Registrar of the High Court of Admiralty and Court of Appeal for Prizes. See Dig. Part I., tit. ADMIRALTY. 56 G. 3, c. 82 (not c. 83). Acts of Surrogates in Vice-Admiralty Courts made valid. See Dig. Part I., tit. ADMIRALTY. 1 G. 4, c. 90. Concerning Offences committed within the jurisdiction of the Admiralty. Sect. 1.-Persons found guilty of clergyable offences at sea to receive benefit of clergy as if committed on land. SUPERS. 7 & 8 G. 4, c. 28, abolishing clergy. 3 G. 4, c. 19. Concerning Commissioners of the Admiralty. Any two or more of the commissioners of the Admiralty are hereby empowered to do all acts which any three are now empowered to do, under any Act of Parliament now in force. 7 G. 4, c. 38. Examinations touching Offences upon the Sea and Commitments of Persons charged therewith. Commissioners for trying offences committed upon the sea named in commissions under the 46 G. 3, c. 54, and any justices of the peace in the U. K. are hereby empowered to take informations upon oath, touching any piracy, felony, robbery, murder, conspiracy or other offence committed upon the sea, or in any haven, &c., and thereupon by warrant under hand and seal to cause the person charged therewith to be committed to safe custody. 7 G. 4, c. 64. Administration of Justice. Sect. 9.—The offence of any person counselling, procuring, or commanding another to commit any felony, howsoever indicted, may be inquired of, tried, determined, and punished by any court which shall have jurisdiction to try the principal felon, in the same manner as if such offence had been committed in the same place as the principal felony, although such offence may have been committed either on the high seas, or at any place on land, whether within H. M.'s dominions or without. Sect. 10. The offence of any accessory after the fact to any felony shall be tried and punished by any court having jurisdiction to try the principal felon, in the same manner as if the act had been committed at the same place as the principal felony, although such act may have been committed either on the high seas or at any place on land, whether within H. M.'s dominions or without. Sect. 27.-The judge of the Court of Admiralty may in every case of felony, or of misdemeanor of the denominations herein before enumerated, committed upon the high seas, order such costs, expenses and compensation to prosecutors and witnesses to be paid in like manner as other courts. 7 & 8 G. 4, c. 29, s. 77. Offences committed upon the Sea under this Act. Where any felony or misdemeanor punishable under this Act is committed within the jurisdiction of the Admiralty of England, the same shall be dealt with, inquired of, tried and determined in the same manner as any other felony or misdemeanor committed within that jurisdiction. 7 & 8 G. 4, c. 65. To explain and remove doubts touching the Admiralty. Sect. 1.-Any powers and privileges given by any Act of Parliament to the commissioners a Counselling, &c.-This is a general enactment in regard to accessories before or after the fact, as a substitute for several particular enactments which are by this Act repealed. Within the jurisdiction of the Admiralty. -The 7 & 8 G. 4, c. 30, s. 43, relating to mali cious injuries to property, the 9 G. 4, c. 31, s. 32, relating to offences against the person, the 11 G. 4 & 1 W. 4, c. 66, s. 27, relating to forgery, and the 7 W. 4 & 1 V. cc. 85-89, relating to offences therein mentioned, contain a similar provision. 7 & 8 G. 4, c. 65. To explain and remove doubts touching the Admiralty. for executing the office of Lord High Admiral, shall be deemed to extend to the Lord Sect. 2.-Powers and privileges given to, and duties imposed upon the first commissioner Sect. 3.-Where the signatures of any two of the commissioners would be sufficient, the Sect. 4.-The members of the council of the Lord High Admiral shall be appointed by Sect. 5.-The members of the council of the Lord High Admiral shall not be deemed to 4 & 5 W. 4, c. 36. Central Criminal Court. Sect. 22.-The justices and judges of oyer and terminer may inquire of, hear, and determine any offences committed on the high seas or other places within the jurisdiction of the Admiralty, and deliver the gaol of Newgate of any persons detained therein for offences alleged to have been committed upon the high seas within the jurisdiction of the Admiralty; and the justices and judges may order the payment of costs in the manner prescribed by the 7 G. 4, c. 64, s. 27. 5 & 6 W. 4, c. 76. Chartered Admiralty Jurisdiction abolished. So much of all laws, statutes and usages, and of all royal charters, grants and letters patent heretofore granted to any body corporate, whereby such body corporate claims to be exempted from the jurisdiction and office of the Lord High Admiral of England, or of the High Court of Admiralty, or claims anything belonging to the office of admiral is hereby repealed; provided nevertheless, that nothing in this Act shall extend to affect the jurisdiction of the lord warden in his office of admiral of the cinque ports. 6 & 7 W. 4, c. 53. Admiralty Jurisdiction to extend to Prince of Wales' Island, Singapore, and Malacca. 3 & 4 V., c 65. To improve the practice and extend the jurisdiction of the High Court of Admiralty of England. Sect. 1.-The dean of the Arches shall be assistant to the judge of the High Court of Admiralty, and shall have all the same power and jurisdiction with respect to all suits and proceedings before him. Sect. 2.-Advocates, surrogates, and proctors of the Court of Arches shall be admitted in the High Court of the Admiralty. Sect. 3.-Whenever a vessel is arrested by process issuing from the said Court of Admiralty, or the proceeds of any vessel are brought into the registry, the Court shall have full jurisdiction to take cognizance of all claims in respect of any mortgage of such vessel. Sect. 4.-So the Court shall have full jurisdiction to decide all questions as to the title to, or ownership of, such vessel, or the proceeds thereof remaining in the registry, arising in any cause of possession, salvage, damage, wages, or bottomry instituted in the said Court. Sect. 5.-Whenever any award is made respecting the amount of salvage to be paid, or respecting any claims or demands for services or compensation, any person interested in the distribution of the amount, may require distribution thereof to be forthwith made, and any person thinking himself aggrieved, on account of its not being according to the award, or otherwise, may, within fourteen days after the making the award or judgment of the money, but not afterwards, take out a monition from the said Court, requiring any person in possession of any part of the amount of money awarded or voluntarily paid, to bring in the same and to abide the judgment of the Court; and in the case of an award, the person making the same shall, without delay, send a copy of the proceedings and of the award on unstamped paper, certified under his hand, and the same shall be admitted as evidence, and the amount shall be distributed according to the judgment of the Court. Sect. 6.-The Court shall have jurisdiction to decide all claims and demands whatsoever in the nature of salvage, or in the nature of towage, or for necessaries supplied to any foreign vessel, and enforce the payment of the same, whether such vessel may have been in the body of the county or upon the high seas at the time when the service was 3 & 4 V., c. 65. To improve the practice and extend the jurisdiction of the High Court of Admiralty of England. rendered, or damage received, or necessaries furnished, in respect of which claim is made. Sect. 7.-In any suit depending in the High Court of Admiralty, the Court (if it think fit) may examine witnesses by word of mouth, and notes of such evidence shall be taken down. Sect. 8. So the Court may, if it think fit, issue commissions to some person, being an advocate of the said Court, or a barrister 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; and such commissioner shall be attended, and the witnesses shall be examined, by the parties, their counsel, proctors, or agents, and commissioner shall make a special report to the Court touching such examination, and the conduct or absence of the witnesses, or other person therein relating thereto; and the Court is hereby authorized to institute such proceedings upon such report as justice may require. Sect. 9.-Attendance of witnesses and production of papers may be compelled by subpoena. Sect. 10. And the provisions of the 3 & 4 W. 4, c. 42, with respect to the admissibility of evidence, shall extend to the proceedings in any suit pending in this Court, 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. Sect. 11.-In any contested suit depending in the said Court, the Court may, if it think fit, direct a trial by jury of any issue, and the substance and form of such issue shall be specified by the judge; and if the parties differ in the drawing of such issue, it shall be referred to the judge to settle the same; and such trial shall be had before some judge of the superior courts sitting at Nisi Prius. Sect. 12.-The costs of issues and commissions shall be in the discretion of the Court. Sect. 13.-The said Court, upon application within three months after the trial of any such issue, may grant one or more new trials, and direct such costs to be paid, at such times and in such manner as to the said Court shall seem fit. Sect. 14.-Granting or refusing a new trial may be matter of appeal to H. M. in council; and (Sect. 15) bills of exceptions may be allowed on trials of issues; and (Sect. 16) the record of the issue, and of the verdict therein, shall be transmitted by the associate or other proper officer to the registrar of the said Court; and the verdict of the jury upon any such issue (unless the same be set aside) shall be conclusive in all further proceeding. Sect. 17.-Every person who, if this Act had not been passed, might have appealed against any proceeding, decree, or sentence of the said Court under the 2 & 3 W. 4, c. 92, may in like manner appeal against the proceedings of the said Court under the provisions of this Act; and such appeals shall be proceeded in in the manner and form provided by 3 & 4 W. 4, c. 41: Provided always, that in any such appeal the notes of evidence taken under the direction of the judge of the said Court shall be admitted, and no evidence shall be admitted to contradict the same. Sect. 18. The judge of the said Court may make such rules to regulate the practice and Sect. 19.-No action shall lie against the judge of the said Court for error in judgment; May be compelled by subpoena.-As a Court of Admiralty proceeded by the civil law, they could not fine, as judges of a court of record may do, nor imprison witnesses for refusing to attend or give evidence, Thomlinson's Case, 12 Co. 104; but they might fine and imprison for an open contempt of court, Sparks v. Martyn, 1 Vent. 1, although not give damages to the party, ib. b Entry on the record.-A Court of Admiralty is not a court of record, The Case of the Admiralty, 13 Co. 53; but its proceedings are, by the provisions of this Act, assimilated as far as is needful to H. M.'s superior courts of law at Westminster. с Privileges and protection. This was formerly one of the principal distinctions between a superior and inferior court, or a court of record and not of record, 3 & 4 V., c. 65. To improve the practice and extend the jurisdiction of the High Court of Admiralty of England. judge; and if he wilfully or carelessly suffer any prisoner to escape, he shall be liable to the like penalties as in case of prisoners committed to his custody by any other lawful authority. Sect. 21.-Judge may order any person in custody for contempt of the said Court, for any cause other than for the non-payment of money, to be discharged on such conditions as he thinks fit; but no order for such discharge shall be deemed to have purged the original contempt in case the conditions be not fulfilled. Sect. 22. The said Court shall have jurisdiction to decide all matters and questions concerning booty of war, or the distribution thereof, which it shall please H. M., her heirs and successors, by the advice of her 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. Sect. 23.-Nothing herein contained shall be deemed to preclude any of H. M.'s courts of law or equity now having jurisdiction over the several subject-matters and causes of action hereinbefore mentioned, from continuing to exercise such jurisdiction as fully as if this Act had not been passed. 3 & 4 V., c. 66. Provision for the Judge, Registrar, and Marshal of the High Court of Admiralty. Sect. 1.-Judge of the Court to be paid a salary, and to be incapable of having a seat in Parliament. Sect. 2.-Repeal of the 50 G. 3, c. 118, for regulating the offices of registrars of the Admiralty and Prize Courts. Registrar to be paid a salary. Sect. 3.-Appointment of registrar; but (Sect. 4) registrar shall attend the privy council at the hearing of causes and appeals, instead of the registrar of the Court of Chancery. Sect. 5.-Marshal of the Court shall be paid by salary out of the fee-fund hereinafter mentioned, and the salary may be increased in time of war. Sect. 6.-The judge of the Admiralty Court shall, subject to the approval of the Lord High Admiral, or three or more of the commissioners for executing the office of Admiral, appoint as many clerks and servants as he thinks necessary, whose salaries shall be paid out of the said fee-fund. Sect. 7.-An annuity may be granted to the chief judge of the said Court, on his resigning his office; and (Sect. 8) the salaries and annuity shall be paid free of all fees, taxes, and charges whatsoever, by four equal quarterly payments, on the 5th Jan., 5th April, 5th July, and 10th Oct. in every year: Provided that the payment to be made in each case on the first of the said quarterly days which shall happen after the accrual of the right thereunto, shall be a rateable proportion of a quarter's salary; and in case of a vacancy of any officer receiving a salary under this Act, the person making the vacancy, his executors or administrators, shall be entitled to a proportional part of his quarterly salary, according to the time elapsed between the vacancy and the last quarterly payment. Sect. 9.-The office of registrar shall not be executed by deputy: Provided always, that the judge, surrogate, commissioner, or other substitute of the judge, may, according to the established practice of the said Court, from time to time as occasion may require, assume an actuary for the purpose of recording acts: Provided also, that the registrar may, with the approbation of the judge, from time to time appoint such and so many proctors as may be deemed necessary to be examiners thereof. Sect. 10. In case of illness, or for other reasonable cause, registrar may appoint a deputy, or, if he fail to do so, the judge may make the appointment, and direct what portion of the registrar's salary shall be received by the deputy; and (Sect. 11) whenever the state of the business appears to require, the judge may direct the registrar to appoint an assistant, for such time as the judge may think necessary, with a salary not exceeding twelve hundred pounds, as H. M. shall think fit. Sect. 12.-Account of increase in salaries and appointments to be laid before the House of Commons, and (Sect. 13) H. M. with the advice of the Privy Council may alter the table of fees. Sect. 14.-The registrar and every other officer in receipt of fees shall account for the same, and (Sect. 15) all the fees so received (after the expiration of the interest vested in possession of the office) shall be carried to an account to be kept in the Bank of England of a fund to be called "The Fee-fund of the High Court of Admiralty." |