THE NEW ZEALAND GAZETTE. 449

Vice-Admiralty Courts Act, 1863.
Explanation of the Provisions of the Act.

Section 2
The definitions in this Section are merely
to avoid Repetition.

Section 3.
Hitherto, on a Vacancy occurring in the
Office of Vice-Admiral, the Governor of the
Colony has been appointed as a matter of
course. This section is intended to obviate
the necessity of a new Appointment of a Vice-
Admiral being issued on every change of
Governor.

Section 4.
The Object of this Section is to obviate the
delay which has occurred in filling up any
Vacancy in the Office of Judge, owing to the
necessity which existed of the Appointment
being made by the Admiralty in England.
In distant Colonies even if no time were lost
in notifying the Vacancy to the Admiralty,
many months unavoidably intervened before a
new Judge could be appointed. In the mean-
time either the proceedings of the Court were
suspended, or if carried on were of doubtful
Validity, and thus, where Foreign Vessels
have been abjudicated upon, serious diffi-
culties might arise.

Again, since the business of the Vice-
Admiralty Courts is ordinarily not sufficient,
in time of Peace, to remunerate a Judge who
does not hold some other more lucrative
Appointment, it has been the constant
Practice for the Governor of the Colony, on a
Vacancy in the Office of Judge of the Vice-
Admiralty Court, to recommend the Chief
Justice or other Principal Judicial Offi-
cer of the Colony for the vacant Office,
and the Lords of the Admiralty have
for years invariably appointed the Person
so recommended. The effect of this
Section is simply to enable the Chief Justice
or other Principal Judicial Officer of the
Colony to act as Vice-Admiralty Judge imme-
diately on that Office becoming vacant, instead
of waiting for a formal Appointment from the
Admiralty in England.

It will be observed that the power of the
Lords of the Admiralty, if it should at any
time be advisable to appoint some other
Person than the Chief Justice of the Colony
to be Vice-Admiralty Judge, is expressly
saved by Section 7 of the Act.

Section 5.
This Section has a similar object; to
obviate delay in filling up Vacancies in the
Offices of Registrar and Marshal of the Vice-
Admiralty Courts. It does not however
attach these offices, like that of the Judge, to
anyother Colonial Appointment. It seems better
that they should be filled up by the Judge,
with the Approval of the Governor. But the
Power of the Admiralty to make the
Appointments, if at any time it should be
deemed expedient to do so, is saved by
Section 7.

Section 6.
The object of this Section is, that the
Names of the Persons holding Offices in the
Vice-Admiralty Courts may be known in
this Country, especially as Bills of Exchange
are from time to time drawn upon the Ac-
countant-General of the Navy, and accepted
by him on the Certificates of the Judges and
Registrars of the Vice-Admiralty Courts.

Section 7.
This Section saves the existing Powers of
the Admiralty to make Appointments in the
Vice-Admiralty Courts, whenever it may be
found expedient to do so.

Section 8.
In many Colonies, on vacancies occurring
in the office of Judge, Registrar, or Marshal,
the Colonial authorities have neglected or
delayed to obtain formal Appointments from
the Admiralty, and the duties have therefore
been performed by persons not legally ap-
pointed. This Section ratifies, so far as can
be done the past official acts of such persons.

Section 9.
This Section indemnifies such persons for
having acted without due Authority.

Section 10.
The original Jurisdiction of the Vice-
Admiralty Courts, as defined by the 2 & 3
Will. 4, c. 51. s. 6., was nearly co-extensive
with the Jurisdiction then possessed by the
High Court of Admiralty of England. Since
then the Jurisdiction of the latter Court has
been much extended by the 3 and 4 Vic. c.
65., and by the 24 and 25 Vic. c. 10., and the
object of this Section is to define anew the
Jurisdiction of the Vice-Admiralty Courts,
and to assimilate it, with certain exceptions,
to that now exercised by the High Court of
Admiralty of England.

(1.) Claims for Seamen's Wages :
This was a part of the original Jurisdiction
of the Vice-Admiralty Courts.

(2.) Claims for Masters Wages and Disburse-
ments on account of the Ship :
It was always thought to be a very hard
thing, that though the Seamen could recover
the amount due to them for Wages in
the High Court of Admiralty of England, the
Master could not. Accordingly Jurisdiction
was given to that Court to entertain Suits
for Masters Wages, under certain circum-
stances. Gradually the Right of the Master
to sue has been extended, and now by the 24
Vict. c. 10, s. 10, the Master is allowed to
recover, not only any Wages, but also any
Disbursements on account of the Vessel that
may be due to him. The object of this Clause
of the Section is to give a Master the same
Remedy in a Vice-Admiralty Court as he
now has in the High Court of Admiralty of
England.

(3.) Claims in respect of Pilotage :
This was part of the original Jurisdiction
of the Courts.

(4.) Claims in respect of Salvage of any Ship,
or of Life or Goods therefrom :
Salvage of Ship and of Goods was part of