✨ Legislation Text and Schedules




448
THE NEW ZEALAND GAZETTE.
them to come into operation, be the only fees
which shall be taken by the officers and prac-
titioners of the Court.

Taxation may be revised by the High Court of Admiralty.
19. Any person who shall feel himself
aggrieved by the charges of any of the prac-
titioners in any Vice Admiralty Court, or by
the taxation thereof by the officers of the
Court, may apply to the High Court of Ad-
miralty of England to have the charges taxed,
or the taxation thereof revised.

Registrar may administer Oaths.
20. The Registrar of any Vice Admiralty
Court shall have power to administer oaths
in relation to any matter depending in the
Court; and any person who shall wilfully
swear falsely in any proceeding before the
Registrar, or before any other person authorized
to administer oaths in the Court, shall be
deemed guilty of perjury, and shall be liable
to all the penalties attaching to wilful and
corrupt perjury.

As to the hearing of Cross Causes.
21. If a cause of damage by collision be
instituted in any Vice Admiralty Court, and
the defendant institute a cross cause in respect
of the same collision, the Judge may, on ap-
plication of either party, direct both causes to
be heard at the same time and on the
same evidence; and if the ship of the defen-
dant in one of the causes has been arrested,
or security given by him to answer judgment,
but the ship of the defendant in the other
cause cannot be arrested, and security has not
been given to answer judgment therein, the
Court may, if it think fit, suspend the pro-
ceedings in the former cause until security
has been given to answer judgment in the
latter cause.

No Appeal save from Final Sentence or Order.
22. The appeal from a decree or order of a
Vice Admiralty Court lies to Her Majesty in
Council; but no appeal shall be allowed save
by permission of the Judge, from any
decree or order not having the force or effect
of a definitive sentence or final order..

Appeal to be made within six Months.
23. The time for appealing from any decree
or order of a Vice Admiralty Court shall,
notwithstanding any existing enactment to
the contrary, be limited to six months from
the date of the decree or order appealed from;

Reference to Act.
56 Geo. III. c. 82.
5 Geo. IV. c. 113.
2 and 3 Will. IV. c. 51.
6 and 7 Vict. c. 38.
17 and 18 Vict. c. 37.
and no appeal shall be allowed where the peti-
tion of appeal to Her Majesty shall not have
been lodged in the registry of the High Court
of Admiralty and of Appeals within the time,
unless Her Majesty in Council shall, on the
report and recommendation of the Judicial
Committee of the Privy Council, be pleased
to allow the appeal to be prosecuted, notwith-
standing that the petition of appeal has not
been lodged within the time prescribed.

Acts repealed. Saving Rules established under
2 and 3 W. 4. c. 51.
24. The Acts enumerated in the schedule
hereto annexed marked B. are hereby repealed,
to the extent therein mentioned, but the
repeal thereof shall not affect the validity of
any rules, orders, regulations, or tables of fees
heretofore established and now in force, in
pursuance of the Act of the Second and Third
William the Fourth, Chapter fifty-one; but
such rules, orders, regulations, and tables of
fees shall continue in force until repealed or
altered under the provisions of this Act.

SCHEDULE A.
List of the existing Vice Admiralty Courts to
which this Act applies.

Antigua.
Bahamas.
Barbadoes.
Bermuda.
British Columbia.
British Guiana.
British Honduras.
Cape of Good Hope.
Ceylon.
Dominica.
Falkland Islands.
Gambia River.
Gibraltar.
Gold Coast.
Grenada.
Hong Kong.
Jamaica.
Labuan.
Lagos.
Lower Canada, other-
wise Quebec.
Malta.
Mauritius.
Montserrat.
Natal.
Nevis.
New Brunswick.
Newfoundland.
New South Wales.
New Zealand.
Nova Scotia, otherwise
Halifax.
Prince Edward Island.
Queensland.
Saint Christopher.
Saint Helena.
Saint Lucia.
Saint Vincent.
Sierra Leone.
South Australia.
Tasmania, formerly
called Van Diemen's
Land.
Tobago.
Trinidad.
Vancouver's Island.
Victoria.
Virgin Islands, other-
wise Tortola.
Western Australia.

SCHEDULE B.
ACTS AND PARTS OF ACTS REPEALED.

Title of Act.
An Act to render valid the Judicial Acts of Surro-
gates of Vice Admiralty Courts abroad, during
vacancies in office of Judges of such Courts.
An Act to amend and consolidate the laws relating
to the Abolition of the slave trade.
An Act to regulate the practice and the fees in the
Vice Admiralty Courts abroad, and to obviate
doubts as to their jurisdiction.
An Act to make further regulations for facilitating
the hearing appeals and other matters by the
Judicial Committee of the Privy Council.
An Act for establishing the validity of certain pro-
ceedings in Her Majesty's Court of Vice Ad-
miralty in Mauritius.

Extent of Repeal.
The whole Act, save as
regards Her Majesty's
possessions in India.
Section 29, save as above.
The whole Act, save as
above.
Section 11, so far as it re-
lates to appeals from
Vice Admiralty Courts,
save as above.
The whole Act.

Reference to Act. Title of Act. Extent of Repeal.
56 Geo. III. c. 82. An Act to render valid the Judicial Acts of Surro-gates of Vice Admiralty Courts abroad, during vacancies in office of Judges of such Courts. The whole Act, save as regards Her Majesty's possessions in India.
5 Geo. IV. c. 113. An Act to amend and consolidate the laws relating to the Abolition of the slave trade. Section 29, save as above.
2 and 3 Will. IV. c. 51. An Act to regulate the practice and the fees in the Vice Admiralty Courts abroad, and to obviate doubts as to their jurisdiction. The whole Act, save as above.
6 and 7 Vict. c. 38. An Act to make further regulations for facilitating the hearing appeals and other matters by the Judicial Committee of the Privy Council. Section 11, so far as it relates to appeals from Vice Admiralty Courts, save as above.
17 and 18 Vict. c. 37. An Act for establishing the validity of certain proceedings in Her Majesty's Court of Vice Admiralty in Mauritius. The whole Act.


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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 19 to 24 and Schedules (continued from previous page)

πŸ›οΈ Governance & Central Administration
8 June 1863
Vice Admiralty Courts, Fees, Taxation, Registrar, Oaths, Appeals, Repealed Acts, Schedule A, Schedule B