Legislation Text and Despatch




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Colony assumes that Office as a matter of
course. By the 4th Section the Office of
Judge of the Vice-Admiralty Court devolves
at once on the Chief Justice or principal
Judicial Officer, until other provision shall
have been made by the Admiralty; and with
the same proviso, the Registrar and Marshall
of the Court may, by the 5th Section, be
appointed as vacancies occur, by the Judge,
with the approval of the Governor. The 7th
Section of the Act reserves to the Admiralty
the powers as heretofore of making direct
appointments to these aud any Offices of the
Court These are the general provisions of
the Act as regards appointments, and I enclose
for your information a paper containing a
detailed statement of the reasons for the
various Clauses of the Act in question.
You will communicate that Act and the
Statement to the Judge of the Vice-Admiralty
Court in the Colony under your government,
and for that purpose I transmit duplicate
copies.

I have the honor, &c.,

NEWCASTLE.
Governor Sir George Grey, K.В.С.,
&c., &c., &c.

ANNO VICESIMO SEXTO
VICTORIÆ REGINÆ.

CAP. XXIV.

An Act to facilitate the Appointment of Vice
Admirals and of Officers in Vice Admiralty
Courts in Her Majesty's Possessions abroad,
and to confirm the past Proceedings, to ex-
tend the Jurisdiction, and to amend the
Practice of those Courts. [8th June,
1863.]

WHEREAS it is expedient to facilitate
the appointment of Vice Admirals
and of Officers in Vice Admiralty Courts in
Her Majesty's possessions abroad, and to con-
firm the past proceedings, to extend the Juris-
diction, and to amend the practice of those
Courts: 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:

Short Title.

  1. This Act may be cited for all purposes
    as the "Vice Admiralty Courts Act, 1863."

Interpretation of Terms.
2. In the interpretation and for the pur-
poses of this Act (if not inconsistent with the
context or subject matter) the following
terms shall have the respective meanings here-
in-after assigned to them; that is to say,
"Her Majesty" shall mean Her Majesty,
Her Heirs, and Successors :
The "Admiralty" shall mean the Lord
High Admiral or the Commissioners
for executing his office :
"British Possession " shall mean any
Colony, Plantation, Settlement, Island,
or Territory being a part of Her

THE NEW ZEALAND GAZETTE,

Majesty's Dominions, but not being
within the limits of the United King-
dom of Great Britain and Ireland, or
or of Her Majesty's posseesions in
India :
"Governor" shall mean the Officer for the
time being lawfully administering the
Government of any British possession :
"Vice Admiralty Court" shall mean any of
the existing Vice Admiralty Courts
enumerated in the Schedule marked
A. hereto annexed, or any Vice
Admiralty Court which shall here-
after be established in any British
Possession :
"Ship" shall include every description of
vessel used in navigation not propelled
by oars only, whether British or
foreign :
"Cause" shall include any Cause, Suit,
Action, or other Proceeding instituted
in any Vice Admiralty Court.
Appointment of Vice Admiral.
3. In any British possession, where the
office of Vice Admiral is now or shall at any
time hereafter become vacant, the Governor
of such possession shall be ex officio Vice
Admiral thereof, until a notification is re-
ceived in the possession that a formal appoint-
ment to that office has been made by the
Admiralty in the manner hereinafter men-
tioned.
Appointment of Judge.
4. In any British possession, where the
office of Judge of a Vice Admiralty Court is
now or shall at any time hereafter become
vacant, the Chief Justice, or the principal
Judicial Officer of such possession, or the
person for the time being lawfully authorized
to act as such, shall be ex officio Judge of the
Vice Admiralty Court, until a notification is
received in the possession that a formal ap-
pointment to that office has been made by the
Admiralty in the manner hereinafter men-
tioned.
Appointment of Registrar and Marshal.
5. In any British possession, where the
office of Registrar or Marshal of any Vice
Admiralty Court is now or shall at any time
hereafter become vacant, the Judge of the
Court may, with the approval of the Go-
vernor, appoint some person to the vacant
office, until a notification is received in the
possession that a formal appointment thereto
has been made by the Admiralty in the
manner hereinafter mentioned, and may, for
good and reasonable cause, to be approved by
the Governor, remove the person so appointed.
The Judge may also appoint some person to
act as Registrar or Marshal during the tem-
porary absence of either of those officers.
Names of Appointees, &c., to be notified to the Home
Government.
6. On any vacancy in the office of Judge,
Registrar, or Marshal of any Vice Admiralty
Court, the Governor of the British possession
in which the Court is established shall, as
soon as is practicable, communicate to one of



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1863, No 53





✨ LLM interpretation of page content

🏛️ Publication of Despatch on Vice-Admiralty Court Officers Act (continued from previous page)

🏛️ Governance & Central Administration
9 October 1863
Vice-Admiralty Court, Appointments, Despatch, Governor
  • George Grey (K.B.C.), Recipient of official despatch

  • NEWCASTLE

🏛️ Vice Admiralty Courts Act, 1863 (26 Vict. c. 24)

🏛️ Governance & Central Administration
8 June 1863
Legislation, Vice Admiralty Courts, Appointments, Jurisdiction, Practice, Parliament