COLONIAL COURTS OF ADMIRALTY ACT,
(53 & 54 Vic. c . 27.)
( I hji pP r if! I .
. 1 ~
.4ct t o m r w d lJic Law respectiny tlw c x t m i s c of A d m i ~ aty Juristlictioii iit l l e r Ma,jestl~’,s Dowi?~iottsancl elsawhew out of t h c
(Tnited ICingdoiR.
[25th July, 1890.1
1. Short title.-This Act may be cited as the Colonial Courts of
.idmiralty Act, lS90.
This Act establishes Colonial Courts of ddniir:ilty t o superscde the previously
clxisting Vicc-Admiralty Courts in British possessions abroad.
By this Act Colonial Courts of Adniirnlty are given the same jurisdiction
mid poi\.crs ovc‘r Admiralty causes as arc possessed by thc Adiniralty Division of
tlii. lIigli Court in Englnnrl, subject always to a n y lirnitztions wliicli may he
jniposrd by thc Colonial legislatures. Sce further, m t e to s. 3, post.
2. Colonial Courts of Admiralty,-(l.) Every court of law in a
British possession, which is for the time being declared in pursuance
of this Act to bc a court of Admiralty, o r which, if no such cleclaration
is in force in the possession, has therein original unlimited civil jurisdiction, shall be a court of Admiralty, with the jurisdiction in this -4ct
mentioned, and may f o r the purpose of that jurisdiction exercise all
the powers which it possesses for the purpose of its other civil jurisdiction, and such court in reference t o the jurisdiction conferred by this.
Act is in this Act referred to as a Colonial Court of ddmiralty. Where
in a British possession the Governor is the sole judicial authority, the
cxpressioii “court of law’’ for the purposes of this section includes such
Governor.
(2.) ‘I’he jurisdiction of a Colonial Court of Admiralty shall,
subject t o the provisions of this Act, be over the like places, persons,
mait CYS, and things, as the Admiralty jurisdiction of the IIigli Court
in England, wlict.hcr existing by virtue of any statute o r otherwise, and
the Coloiiial Court OF Aclrniralty may c>scrcise such jiirisciiction in like
rnaiiiier and to ;is i‘iill mi cslcnt as thc T-Iigh Cloiirt ill England, and shall
havc tlie saint! regard ~LSthat Conrt t o international l a w and thc! comity of
nations.
3 98
s. 2.
[Vol. I.
( S a ) Subject to the provisions of this Act any enactment referrbig
to a Vice-Admiralty Court, vhich is contained in an Act of the Imperial
Parliarneiit, or in a Colonial law, shall apply to a Colonial Court of
a%dmiralty, and be read as if the expression “Colonial Court of
Admiralty” were therein substituted for ‘ ‘Vice-Admiralty Court ” or
for other expressions respectively referring t o snch Vice-Aclnliralty
Courts or the judge thereof, ancl the Colonial Court of -4diiiiralty shall
have jurisdiction accordingly.
Provided as follows -i
&1y ellactmelit in an Ret of the 1inI)erial Yarliameiit
referring to the ,\diniralty jurisclic~tio~i
of tlic ‘High Court in
England, ~elieiiapplied t o rt Coloiiial Court of Rdn~iraltyin
a British possession, shall be read as il: tlic ii:tine of that
possession were theyeill substituted f o r Jhgland a n d Waks ;
and
X Colonial Court, of Admiralty shnll have unclei~the Naval
Prize Act, 1S64, and under tlic Slave Trade Act, 1873, ancl
any eiiaetnieiit relating t o prize OT the slaw trade, the jurisdiction thereby coiiferrccl on a Vice-Acliniralty Cjourt and
iiot the jixrisdic4oii thereby conferred c~sclusivclyon t h~ IIigli
Court of Admiralty o r the Iligh Court of Justiw ; biil unltw
for the time being duly suthoristd, shall not, by virtuc of
this Act exercise any jurisdiction uudcr the Naval I’rixe Act,
1864, or othenvise in relat,ion t o prize; :incl
A Coloiiislk Court of Adiniralty shall n o t have .jiirisclietioli
under this Act to try or punish a person for an offciice which
according to the law of England is punishable on indictment;
and
A Colonial Court of Admiralty shall i i o t have any greater
jurisdiction in relation t o the laws and regulations relating
t o Her Afajesty’s Navy at sea, or under any Act providiiig
for the discipline of Her IIajesty’s Kavy, than iiiay be froill
lime t o time conferred o n such court by Order in Council.
(4.) Where a Court in a British possession exercises in respect, of
niatters arising outside tlie body of a county or other like part of it
British possession any jurisdiction esrrcisablc unclcr this Act, that
jurisdiction shall be deemed to be esercised under this Act mid not
othemise.
As to Adniiraltr jurisdiction of the Supreinc C’ourt of Qucciisl:tnd, see
Preliminary S o t e to this title, tcrrfc.
For The Naval Prize Act, 1S64, 5ee this title, antc.
For the Slave Trade Act, 1873 ( e . 8 8 ) , sec Hnlsburg’s Statutcs of England,
1-01. 19, title TRADEAXD TRADE UNIONS.
The effect of subs. ( Z j is to limit the jurisdiction of Co1oiii:il Courts of
-id:!:!mlty estabIis!ied under this A c t to the Xdnliraity Jurisdiction ~i t!ic High
Court of Ihglwid as it csisred a t the passing of the Act, nntl tlic cstc.n~ionof
the Irlinirnlty jurisdiction of the High Court by ilic iiilministrntioii of Justice
Act, 1930 ( e . Si j (regealecl and rc-ennctwl by the Guprenic C‘ourt c t f .Judic:iture
(Consolidation) Act, 192.5 (e. U ) ,s. 2,Halsbury’s Rtatutcs of England, 1-01. 4,
p. 1551, does ilot apply t o Colonial Courts of Admiralty ( T ~ JP’ ? ! r ; ,Vnric, 2 ’ 7 1 ~
~ r o r o 7 ~p , 9 ~ A.C.
1
cm, P.c.).
By virtue of S. 18 (3) of tlie Iiit irct:ition &t, 188!1 (111tppri:lI) ( IIalljbury’s Statutes of England, Vol. 18, 11. l O U C i ) , tlic Commori\sc:tltl~of Australin is
n “British possession” n-ithin tltr meaning of this Re(*tioii, :lsd t IICI IIigIi Court
ia accordingly a Colonial Court of Ad1iiiralty as having unliiiiitecl vivi1 jurisdiction within the Comnion~vealth din Silclrp t r u t l S O ~ I SLtrl. v. TlLr K u f h c r f t i r
-Uncknll (1924 j , 34 C.L.R. -120).
4. Reservation of Colonial law for Her Majesty's assent.-Every
Colonial law which is macle in pursuance of this Act! o r afTects the
jurisdiction of or practice or procedure in any court of such possession
i!i respect of the jnrisdiction conferred by this .!let, o r alters any such
Colonial law as above in this section mentioned, which h a s been previously passecl, shall, unless previously approved by H e r Xajesty
through a Sccretary 09 State, either be reserved for the signification of
Jim 3lajesty's pleasure thereon, o r contain a suspencling clause providing tlia t such law sliall riot come into operation uiitil Her 3Iajesty's
pleasure thereon has been publicly siguified in the British posression
in which it has been passed.
r p o n llic acloptiou
tli\&( '~;innioun.caltliPx1iniiic:it uf s. 1; of the Statutc
cif TT'estminster, 1%;?, this swtion will cease t o haw effeet. SI ibid., s. 10, title
(t
CONXTO-~TTEALrl'lT A S D STATES.
5. Local Admiralty appeal.-Subject to rules of c o u r t under this
,let, judgments of a court in a British possession given 01- made in the
exercise of the jurisdiction conferred on it by this Act, sliall be subject
to the like local appeal, if any, as jiidgnients of: the court in the esercisc
c,f its ordinary civil jurisdiction, and the conrt "naving cognizance of
such appeal sliall for the purpose thereof possess all the jurisdiction h;)
this Act conferred npon a Colonial Court of Admiralty.
6. Admiralty appeal to the Queen in Council.-(1.)
The appeal
i'roil\ il j11(1giiic'lit C I ~ ' any coiii.t in il I>,ritish pos~msirni in the cscrcise
of i l w jn?*istlic~tioiiconl'cwccl Iyv tliis -4d,(lither. n.li~rt.t h t w is as of
right 110 local appeal 01' aftcr. a dccisioii o n local appeal, l i p s to Her
Jlajcsty the Quccii in Council.
200
ss. 6,7.
A d m i d ty.
[Vol. 1.
(2.) Save as may be otherwise specially allowed in n particular
case by Her Majesty the Queen in Council, an appeal under this sectiou
shall not be allowed( a ) from any judgment n o t having the effect of a definite juclgment unless the court appealed from has given leave f o r
such appeal, nor
( 1 ) ) from any judgment unless the petition o€ appeal has been
lodged vithin the tinie prcsciibect by rules, or1 if no tiine is
prescribed within sis months from the date of the juclgnmlt
appealed against7 01’ if leave to appeal has heen given then
from the date of such leave.
(3.) F o r the purpose of appeals u n d c ~this Act, Her Majesty the
Queen in Couiicil and the Jridicial Comniittee of the Privy Council sl~all,
subject to rules nader this section, haw a11 such powers for 1iz~kingand
enforcing judginents, whether interlocutory or final, f o r punishing contempts, for rcquii-ing the payinciit of money into court, OLYfor any other
purpose, as may be necessary, o r as were possc d by tlic IXigh Court of
l]c1egatt-s before tlie passing of tlic Act transferring tlle powers ol‘ sucl~
rou1.t to Her 31-ajesty in Council, or as arc for the tiiiie Jicing posscssc(I
hy tlic I-Iigli Court in 131igland o r hy th(1cv>urt: i l ) l > c i i l d from in wlatiou
to the like nlatters as those forming the su1)jcc.t of appcals iincler this
Act.
(4.) All Orders of the Queen in Couizcil o r the Judicial Committee
of the Privy Council €or the purposes aforesaid o r o t k e r ~ i s ein relation
to appeals nnder this Act shall have full cffect throughout Her r\fajesty’s
dominiom, and in all places where Her Majesty has jurisdiction.
( 5 . ) This section shall be in addition to and not in derogation of tho
authority of €Ier Xajesty in Council or the Judicial, Committee of the
Privy Council arising otherwise than under this Act, and all enactments
ielating t o appeals to Her Majesty in Council or to the powers of Her
Majesty in Council or the Judicial Corninittee of the Privy Council in
relation t o those appeals, vliether for making rules aiici orders or othervise, shall estcnd, save as otherwise directed by Her Majesty in Council,
tc appeals t o Her i\laj&y .in Council under this Act.
The appeal lies ss o f right under subs. (1) t o the Ring in Counc.il
(Eicheliet6 arid O i i t n r i o iVnriyutiot~Co. v. S.S. Cope Bietora, 119071 A.C. 113,).
As t o the practice and procedure of tlic Judicial Coiiirtiittee of the Priry
Council, see, generally, Halshury ’s Lams of England (2nd eil.), Vol. 8, pp.
548 c t saq.
.
7. Rules of court.-(I.) Rules of court f o r regulating the procedure and practice (including fees and costs) in a courtl in ;1 British
possession in the exercise of the jurisdiction conferrecl by this Act,
whether original o r appellate, may be made by the same authority
and in the same manner as i-ules touching the practice, procedure, fees,
and costs in the said court in th? exercise of its ordinary civil jurisdiction
respectively are made :
Provided that the rules under this section shall not, save a s provided
this Act, estend to matters relating to thr slave trade, a d ahall not
(save as provided by this section) come into operation iintj! tlicy Iiarc.
heen approvecl by IIer IIajesty in Council, but on coming into operation
sliall have full efifect as if enacted in this Act, and any enactment
inponsistent therewith shall, so far as it is so iiicoxsisten:, be repnalecl.
(2.) It shall be lawful for Her Majesty in Council, in approvkig
rules macle under this section, to dwlare .:hat the rules so ~ r ~ n c lwith
c
1
~
7
201
6’0~0iliidCozcrts of Adnzimlty Act, 1890
(Imper ict I ) .
ss. 7-9..
respect to any matters which appear to Her Alajesty to be matters of
detail or of local concernmay be revoked, wried, o r added t o without
the approval required by this section.
(3.) Such rules may provide for the exercise of any jurisdiction
conferred by this Act by the full court, or by any judge or judges
thereof, and subject to any rules, where the ordinary civil jurisdiction
of the court can in any case be exercised by a single judge, any jurisdiction conferred by this Act may in the like case be exercised by a
single judge.
Orders in Couiicil haw, from time t o time, been made under this section
confirming rules regulating procedure of Colonial Courts of Admiralty, which
limo been made by the rule-making authorities of the courts concerned.
So much of this section as requires tho approval of His Majesty in Council
to any Rules of Court for regulating practice will cease t o have effect in
Australia upon the adoption by the Commonwealth Parliament of s. 6 of the
AND
Statute of Westminster (1931). See ibid., s. 10, title COUNONTVEALTH
STATEB.
8. Droit8 of Admira.lts and of the Crown.--(l.) Subject t o the
provisions of this section nothing in this Act shall alter the application
of any droits of Admiralty or droits of or forfeitures to the Crown in
a British possession ; and such droits and forfeitures, when condemned
by LZ court of a British possessiun in the escwise of the jurisdiction
conferred by this Act, shall, save as is otherwise provided by any other
Act, be notified, accounted €or, and dealt with in such manner as the
Treasury from time to time direct, and the officers of every Colonial
Court of Admiralty and of every other court in a British possession
exercising Admiralty jurisdiction shall obey such directions in respect
of the said droits and forfeitures as may be from time to time given
by the Treasury.
(2.) It shall be lawful for Her Majesty the Queen in Council by
Order t o direct t h t , subject to any conditions, exceptions, reservations,
and regulations contained in the Order, the said, droits and forfeitures
condemned by a court in a British possession shall form part of the
revenues of that possession] either for ever or for such limited term or
subject to such revocation as may be specifled in the Order.
(3.) If and so long as any of such droits or forfeitures by virtue of
this o r any other Act form part of the revenues of the said possession
the same shall, subject t o the provisions of any lav for the time being
applicable thereto, be notified, accounted for, and dealt with in manner
directed by the Government of the possession, and the Treasury shall not
have any power in relation thereto.
9. Power to establish Vice-Admirdty Court.-(I.) It shall be
lamful for Her hIajesty, by commission under the Great Seal, to empower
the Admiralty to establish in a British possession any Vice-Admiralty
Court or Courts.
(2.) Upon the establishment of a Vice-Admiralty Court in a British
possession, the Admiralty, by Tvriting under their hands and the seal of
the office of Admiralt>-, in such form 3s the Admiralty direct, m a s
appoint a judge, registrar, marshal, and other officers of the court, and
may cancel any such appointment; and in addition to any other jurisdiction of such court may (subject to the limits imposed by this Act or
the said commission, from H e r Majesty) vest in such court the vhole or
any part of the jurisdiction by or by virtue of this Act conferred upon
any courts of that British possession, and may vary or revoke such
202
ss. 9-12.
[Vol. le
vesting, and while such vesting is in force the power of such lastmentioned courts to exercise the jurisdiction so vested shall be suspended.
Provided thatnothing in this section shall authorise a Vice-Admiralty
Court so established in India o r in any British possession
having a representative legislature to exercise any jurisdiction, escept for some purpose relating to prize, to €Ier
BIajesty’s Navy, to the slave trade, to the matters dealt with
by t h e E’orcip EiiIistnii*Iit ,‘ict, 1SS0, O F the Pa:.ific,
Islanders Protection Acts, 1572 and 1875, or to matters in
which questions arise relating t o treaties or convcntiotis with
foreign countries, or to international law; and
in the event of a vacancy in the office of judge, registrar,
~narshal,or other officer of any Vice-Admiralty Court in a
British possession, the Governor of that possession inay
appoint a fit 1~~1x011
t o fill t h e ~ a c i ~ l cuiilil
y
;\II ; I ~ ) ~ ) O ~ U ~ I ~ I P I ; ~
to the office is made by the Admiralty.
(3.) The provisions of this Act with respect t o appeals to H e r
Majesty in Council from courts in Britis11 possossious in the cscrcise of
the jurisdiction conferred by this Act shall apply t o appeals f r o m ViceAdmiralty Courts, but the rules arid orders made in relation to appeals
from Vice-Admiralty Courts may differ from the rules macle in relation
t o appeals from the said courts in British possessions.
(4.) If Her Majesty at any time by commission under the Great
Seal PO directs, the Admiralty shall by writing under their hands and
the seal of the office of Admiralty abolish a Vice-Admiralty Court
established in any British possession under this section, and upon such
abolition thei jurisdiction of any Colonial Court of Admiralty in that
possession which was previously suspended shall be revived.
For the Fureign Eiilistineiit -413,
1870, sec title ENLISTXPST.
For the Pacific Islanders Protection Acts, 1%”; niid 1875, see titlc
PACIFIC
ISLANDS.
10. Power to appoint a vice-admiral.-Nothing in this Act shall
affect any power of appointing a vice-admiral in and for any British
possession 017 any place therein; and whenever there is not a formally
appointed vice-admiral in a British possession o r any place therein, the
Governor of the possession shall be ex-ofjicia vice-admiral thereof.
11. Exception of Channel &lands and other possessions.-(l.) The
provisions of this Act with respect to Colonial Courts of Admiralty
shall not apply to the Channel Islands.
(2.) It shall be lawful for the Queen in Council by Order to declare,
with respect t o any British possession which has not a representative
legislature, that the jurisdiction conferred by this S e t on Colonial
Courts of Admiralty shall not be vested in any court of such possession,
or shall be vested only to the partial or limited extent specified in the
Order.
12. Application of Act t o courts under Foreign Jurisdiction Acts,
- - I t sliall be 1sv;ful €or I-1t.r Majesty the Queen in Coi~ncilby @r(lw
to direct that t’his Act shall, subject to the conditions, exceptions, and
qualifications (if any) contained in the Order, apply t o any Court
~~stablisheci
by I-Ier Majesty f o r the exercise of jurisdiction in any place
out of H e r Majesty’s dominions which is named ‘in the Order as if that
Court mere a Colonial Court of Admiralty, and to provide for carrying
into cflect such application.
203
(’olotiicd Coiwts of L-ldmirtdtg hi,
isgo
(Iriapesicd) .
ss. 13-16..
13, Rules for procedure in slave trade matters.-(I.) It shall he
lawful for Her Majesty the Queen in Council by Order to make rules
as to the practice and procedure (including fees and costs) t o be
observed in and the returns to be made Irom Colonid Couits of
Admiralty and Vice-Admiralty Courts in the exercise of their jurisdiction in matters relating to the slave trade, and in ;incl from East
African Courts as defined by the Slave Trade (East African Courts)
Acts, lS73 and 1879.
(2.) Escept when inconsistent with such Order in Council, the
rules of court for the time being in iorce in a Colonial Court of
Admiralty or Vice-Admiralty Court shall, so far as applicable, extend
t o proceedings in such court in matters relating to the slave trade.
(3.) The provisions of this Act with respect t o appeals to Her
Majesty in Council, from courts in J3ritish possessions in the exercise of
the jurisdiction conferred by this Act, shall apply, withi the necessary
modifications, to appeals from judgments o f any East, African court
made o r purporting to be macle in ox(wisc of 1he ,jiwisdiv~ion i m k r the
Slnvt~r P m l c (13:tst Africnn Couivts) Acts, 1U:? and l S W .
V l ? l * t I l C S1:l~;r
‘1’IYlili~ ( I*::lht x fl ; r : l ! l
111’1 t
IC,: 1‘97:: i c Tr!) ) , : l I I l l I SS!,
‘I
(<‘.
:;\),
I lXIlt\
it’s’
f[:LlShllYy’F
~ ~ f ! l ~ l I I~J f l’ ’ \l’I11 : l : l u l I 1 ,
>
7’l\l.
L,,
I!),
tit!(’ ‘1’;C?nl:
$NI) TKADR
h.
14. Orders in Council.- It shalt be 1:irvfiil for Her Majesty in
Council i’roin time to tiiiw t o inalic. Orders for the purpose8 authorised
by this Act, and to reyolie and vary such Oiders, and every such Order
while in operation shall have efrect as if it were part of this Act.
15. Interpretation.-In
the construction of this Act, unless the
context otherwise requiresTlie cspression “ representative legislature ” means, in relation to
a British posscssioii, a lcgislature comprising a legislative
body of which a t least one-hal€ are eleeted by inhabitants of
the British possession.
The expression ‘ ‘unlimited civil jurisdiction’ ’ means civil jurisdiction unlimited as t o the value of the subject-matter at
issue, o r as to the amount that may be claimed or recovered.
Tlie expression ‘ ‘ judgment’ ’ includes a decree, order, and
sentence.
The expression “ appeal” means any appeal, rehearing, or review ;
and the expression “local appeal” meam an appeal t o any
court inferior to Rer 1i:tjesty in Council.
The expression “Colonial law” means any Act, ordinance, or
other law having the force of legislative enactment in a
British possession and made by any authority, other tban the
Imperial Parliament o r Her Majesty in Council, competent
t o make laws for such possession.
16. Commencement of Act.-(1.) This Act shall, save as otherwise
in this Act provided, come into force in every British possession on. the
first day of July one thousand eight hundred and ninety-one.
Provided that( a ) This Act sliall not come into forcc in any of the British
possessions named in the First Schedule to this Act until
IXcr Najcsty so directs by Order in Council, and until the
clay named in that behalf in such Order; and
204
ss. lG,67.
( b ) If before any day above iiieiitioiiecl r u l ~ sOF court for the
Colonial Court of Admiralty in any British possession have
been approved by Her Majesty in Council, this Act may be
proclaimed in that possession by the Governor thereof, and on
such proclamation shall come into force on the day named in
the proclamation.
(2.) The day upon which this Act comes into force in any British
possession shall, as regards that British possession, be deemed t o bel, the
commencement of this Act.
( 3 . ) If, on the coiniiieiiwiieiit of this Act in any British possession,
rules of court h a v ~not been approved by l I e r RIajesty in pursuance of
this Act, the rules in force at such commencement under the ViceAdmiralty Courts Act, 1863, and in India the rules in force at such
commencement re,datiiqg the. respective Vice-Admiralty Courts ,or
Courts of Admiralty in India, including any rules made with reference
to proceedings instituted on behalf of Her Majesty’s ships, shall, so far
as applicable, have effect in the Colonial Court or Courts of Admiralty of
such possession, and in any Vice-Admiralty Court established under this
Act in that possession, as rules of courts under this Act, and may be
revolrecl and wried aceorciingly ;*ancl all fees payahlc und(~i*
siicli ~ i i l c s
may be taken in such 1nan11er as the Colonial Court ltlity direct, so however that the amount of each such fee sht1.11 SO ~icarly21s p1’i~dicaI)lcb~
paid to the same officer or person who but for the passing of this Act
would have been entitled to receive the same in respect of like business.
So far as any such rules are inapplicable, or do not extend, the rulcs of
court for the exercise by a court of its ordinary civil jurisdiction shall
have efr’ect as rules for the exercise by tlie same court of the jurisdiction
conferred by this Act.
(4.)At any time after the passing of this Act an)- Colonial law
rtiay be passed, and any Vice-Admiralty Court may be established and
jurisdietion vested in such; Court, but any such law, establishment, or
vesting shall not come into effect until the commencement of this Act.
The Vice-Admiralty Courts Ret, l8G3 ( e . %), was itself repealed by s. 1s
and second Sched. of this Act, post, but rules made thereunder are by subs. (3)
of this section preserved in certain circuinstanccs.
17. Abolition of Vice-Admiralty Courts.-On the commencement of
this Act in any British possession, but subject toj the provisions of this
Act, every Vice-Admiralty Court in that possession shall be abolished ;
subject as follows :(1.) All judgments of such Vice-Admiralty Court shall be
executed and may be appealed from in like manner as if
this Act had not passed, and all appeals from any ViceAdmiralty Court pending at tlie commencement of this Act
shall be heard and determined, and the judgment thereon
executed as nearly as may be in like manner as if this Act
had not passed:
{Z.) All proceedings pending in tlie T’ice-Admiralty Court in
any British possession at the commencement of this Act shall,
notwithstanding the repeal of any enactment by this Act,
be continued in a Colonial Court of Admiralty of the
possession in manner directed by imles of court, and, so far
as no such rule extends, in like manner, as nearly as may be,
as if they had been originally begun in such court:
205
C’olo?&Z Courts of Admiralty Act, 1890
( I w p c ria 1;) .
ss. 17,18,Sch.I.
(3.) Where any person holding an office, whether that of judge,
registrar, or marshal, o r any other office in any such TTiceAdmiralty Court in a British possession, suffers any
pecuniary loss in consequence of the abolition of such court,
the Government of the British possession, on complaint of
such person, shall provide that such person shall receive
reasonable compensation (by way of an increase of salary
or a capital sum, or otlierwise) in respect of his loss, subject
nevertheless to the performance, if required by the said
Government, of the like duties as before such abolition :
(4.)All books, papers, documents, office furniture, and other
things at the commencement of this Act belonging, o r
appertaining to any Vice-Admiralty Court, shall be delivered
over t o the proper officer of the Colonial Court of Admiralty
or be otherwise dealt with in such manner as, subject to any
directions from Her Majesty, the Governor may direct :
(5.) Where, at the commencement of this Act in a British
possession, any person holds a commission to act as advocate
in any Vice-Admiralty Court abolished by this Act, either for
Iler Majcsty or f o r the Admiralty, such cornmission shall be
of the same avail in every court of the same British possession
exercising jurisdiction under this Act, as if such court were
the court mentioned or referrcd to iii such commission.
18. Repeal,--The Acts specified in the Second Schedule of thia
Act shall, to the extent mentioned in the third column of that schedule,
be repealed as respects any British possession 8s from the commencement of this Act in that possession, and as respects any courts out of
Her Majesty’s dominians RS from the date of any Order applying
this Act:
Provided that( Q . ) Any appeal against a judgment made before the commencement of this Act may be brought and any such appeal and
any proceedings o r appeals pending a t the commencement
of this Act may be carried on and completed and carried into
effect as if such repeal had not been enacted; and
( b . ) All enactments and rules at the passing of this Act in force
touching the practice, procedure, fees, costs, and returns in
matters relating to the slave trade in Vice-Admiralty courts
and in East African courts shall have effect as rules made in
pursuance of this Act, and shall apply t o Colonial Courts of
Admiralty, and may be altered and revoked accordingly.
New South Wales.
St. Helena.
Viot oris.
British Honduras.
206
Sch. 11.
[Vol. I.
Admiralty.
SECOND SCHEDULE.
Section 18.
-_
Enactments repealed.
-
..__
Title of Act.
Sumion and Chapter.
_56 Geo. 3 c. 82
-
___
-
Exteat of Repeal.
-
..
An Act t o render valid the The whole Act.
judicial Acts of Surrogates
of Vice-Admiralty Courts
abroad during vacancios in
office of Judges of such
courts
2 & 3 Will. 4 c. 51
’
1
3 & 4 will. 4 c. 41
A n Act to regulate the practice The wholo Act.
and tho fees in the ViccAdmiralty Courts abroad,
and to obviate doubts as t o
their jurisdiction
.. 1I A ntration
Act for the better adminisof juetico in His
Section two.
Majesty’s Privy Council
6 & 7 Vict. c. 38
*
An Act to inako fnrthrr I n soction two, tho worde or
from ally Aclmirulty or Viceregulations f o r faciiitatitig
Admiralty Court,” arid the
, the hoarfig uppeals niicl
words ‘‘or tho Lords Commisby the
other matters
sioners of Appeals in prizo
Judicial Committoe of the
causes or thoir surrogates.”
1 Privy Co~mcil
I n section throe, the words “and
,
the High Court of Admiralty
of England,” and the words
1
‘‘ and from any Admiralty or
Vice-Admiralty Court.”
In section five, from the f i s t
of
“the
High
Court
Admiralty” to the end of
the section.
i In section seven, the words
* * a n d from Admiralty or
Vice-Admiralty Courts.”
Sections nine and ten, RO far as
relates to maritime causes.
In sect.iontwelve, the words “or
maritime.”
I n section fifteen, the words
“ a n d Admiralty and ViceAdmiralty. ”
- h A c t for amending an Act I n section twelve, the words
passed in the fourth year of
“ a n d from Admiralty and
the reign of His late
Vice-Admiralty Courts, and
so much of rest of the section
Majesty, intituled (6 An Act
for the better adrninisas relates to maritime causes.
tration of justice in His
&Iajesty’s Privy Council,”
and to estend its jurisdiction and poiTers
1
!
:
1
J
7 & 8 Viet. c . 69
26 Vict. c. 24
..
The Vice-Admiralty Courts The whole -4ct.
-4ct, IS63
50 & 31 Vi&. e. 45
..
The Vice-Admiralty Courts The whole Act..
Act Amendment Act, 1Y67
36 & 37 Vict. c. 59
..
The Slave Trade (East African Sections four and five.
Courts) Act., 1573
---
-.
... ., ... ..
.
._
-
Scction and Chapter.
- _.
_ _
36 st 37 Vict. c. SS
3s & 39 Vict.
C.
..
r,i . .
Title of Act.
The Slave Trade Act, 1973
E s t e n t of 1 l ~ p e ; ~ I .
..
Section twenty, as fur as relates
to the tmmtion of any costs,
charges, and expenses which
can be taxed in pursuance of
t,hhis Act.
In uection twenty-three, the
words “under fhe Vice-Admiralty Courts Act, 1863.”
The Pacific Islanders Protec- So much of section six as
tion Act, 1875
authorises Her Majesty to
confer Admiralty jurisctic tion
on any court.