✨ Continuation of Legislation




THE NEW ZEALAND GAZETTE 447

Her Majesty's Principal Secretaries of State
the fact of the vacancy, and the name of the
person succeeding or appointed to the vacant
office.

Saving the Powers of the Admiralty.
7. Nothing in this Act contained shall be
taken to affect the power of the Admiralty
to appoint any Vice Admiral, or any Judge,
Registrar, Marshal, or other officer of any
Vice Admiralty Court, as heretofore, by
warrant from the Admiralty, and by letters
patent issued under seal of the High Court of
Admiralty of England.

Past Proceedings confirmed.
8. No act done by any person in the capa-
city of Judge, Registrar, or Marshal of any
Vice Admiralty Court, which shall not have
been set aside by any competent authority
before the passing of this Act, shall be held
invalid by reason that such person had not
been duly appointed, but all such Acts shall
be as valid and effectual as if done by a per-
son duly appointed.

Protection of Officers.
9. No action, prosecution, or other pro-
ceeding shall be brought against any such
person by reason of the illegality or informality
of any Act hereby declared to be valid and
effectual.

Jurisdiction of Vice Admiralty Courts.
10. The matters in respect of which the
Vice Admiralty Courts shall have jurisdiction
are as follow:
(1.) Claims for Seamen's Wages:
(2.) Claims for Master's Wages, and for
his disbursements on account of the
ship:
(3.) Claims in respect of Pilotage :
(4.) Claims in respect of salvage of any
ship, or of life or goods therefrom:
(5.) Claims in respect of towage:
(6.) Claims for damage done by any ship:
(7.) Claims in respect of Bottomry or
Respondentia Bonds :
(8.) Claims in respect of any mortgage
where the ship has been sold by a
decree of the Vice Admiralty Court,
and the proceeds are under its control:
(9.) Claims between the owners of any
ship registered in the possession, in
which the Court is established, touch-
ing the ownership, possession, employ-
ment, or earnings of such ship:
(10.) Claims for necessaries supplied, in the
possession in which the Court is es-
tablished, to any ship of which no
owner or part owner is domiciled within
the possession at the time of the neces-
saries being supplied :
(11.) Claims in respect of the building,
equipping, or repairing within any
British possession of any ship of which
no owner or part owner is domiciled
within the possession at the time of
the work being done.

Jurisdiction of Vice Admiralty Courts.
11. The Vice Admiralty Courts shall also
have jurisdiction :----

(1.) In all cases of breach of the Regula-
tions and Instructions relating to Her
Majesty's Navy at sea :
(2.) In all matters arising out of Droits of
Admiralty.

Nothing to restrict existing Jurisdictions.
12. Nothing contained in this Act shall
be construed to take away or restrict the
jurisdiction conferred upon any Vice Ad-
miralty Court by any Act of Parliament in
respect of seizures for breach of the revenue,
customs, trade, or navigation laws, or of the
laws relating to the abolition of the slave
trade, or to the capture and destruction of
pirates and piratical vessels, or any other
jurisdiction now lawfully exercised by any
such Court; or any jurisdiction now lawfully
exercised by any other Court within Her
Majesty's dominions.

As to matters arising beyond limits of Colony.
13. The jurisdiction of the Vice Admiralty
Courts, except where it is expressly confined
by this Act to matters arising within the
possession in which the Court is established,
may be exercised, whether the cause or right
of action has arisen within or beyond the
limits of such possession.

Her Majesty empowered to establish and alter Rules and
Tables of Fees.

14. Her Majesty may, by order in Council,
from time to time establish rules touching
the practice to be observed in the Vice
Admiralty Courts, as also tables of the fees to
be taken by the Officers and Practitioners
thereof for all Acts to be done therein, and
may repeal and alter the existing and all
future rules and tables of fees, and establish
new rules and tables of fees, in addition
thereto, or in lieu thereof.

Rules and Tables of Fees to be laid before the House of
Commons.

15. A copy of any rules or tables of fees
which may at any time be established shall
be laid before the House of Commons within
three months from the establishing thereof,
or if Parliament shall not be then sitting, or
if the session shall terminate within one
month from that date, then within one month
after the commencement of the next session.

To be entered in the Records of the Courts.
16. The rules and tables of fees in force in
any Vice Admiralty Court shall, as soon as
possible after they have been received in the
British possession in which the Court is es-
tablished, be entered by the Registrar in
the public books or records of the Court, and
the books or records in which they are so
entered shall at all reasonable times be open
to the inspection of the practitioners and
suitors in the Court.

To be hung up in Court, &c.
17. A copy of the rules and tables of fees
in force in any Vice Admiralty Court shall
be kept constantly hung up in some con-
spicuous place as well in the Court as in the
office of the Registrar.

Established Fees to be the only Fees taken.
18. The fees established for any Vice Ad-
miralty Court shall, after the date fixed for



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1863, No 53





✨ LLM interpretation of page content

πŸ›οΈ Continuation of Vice Admiralty Courts Act, 1863 sections 7 to 18. (continued from previous page)

πŸ›οΈ Governance & Central Administration
8 June 1863
Vice Admiralty Courts, Jurisdiction, Admiralty Powers, Fees, Court Procedure, Legislation