Colonial Courts of Admiralty Act, 1890




Feb. 12.] THE NEW ZEALAND GAZETTE. 239

(a.) This Act shall not come into force in any of the British possessions named in the First Schedule to this Act until Her Majesty so directs by Order in Council, and until the day named in that behalf in such order; and

(b.) If before any day above mentioned rules of 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 to be the commencement of this Act.

(3.) If, on the commencement of this Act in any British possession, rules of Court have not been approved by Her Majesty in pursuance of this Act, the rules in force at such commencement under “The Vice-Admiralty Courts Act, 1863,” and in India the rules in force at such commencement regulating 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 Court under this Act, and may be revoked and varied accordingly; and all fees payable under such rules may be taken in such manner as the colonial Court may direct, so, however, that the amount of each such fee shall so nearly as practicable be 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 rules of Court for the exercise by a Court of its ordinary civil jurisdiction shall have effect as rules for the exercise by the same Court of the jurisdiction conferred by this Act.

(4.) At any time after the passing of this Act any colonial law may be passed, and any Vice-Admiralty Court may be established and jurisdiction vested in such Court, but any such law, establishment, or vesting shall not come into effect until the commencement of this Act.

Abolition of Vice-Admiralty Courts.

  1. On the commencement of this Act in any British possession, but subject to 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 Vice-Admiralty Court pending at the 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:

(2.) All proceedings pending in the Vice-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 rules 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:

(3.) Where any person holding an office, whether that of Judge, Registrar, or Marshal, or any other office in any such Vice-Admiralty 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 otherwise) 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 or appertaining to any Vice-Admiralty Court shall be delivered over to 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 Her Majesty or for the Admiralty, such commission 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 referred to in such commission.

Repeal.

  1. The Acts specified in the Second Schedule to this Act shall, to the extent mentioned in the third column of that Schedule, be repealed as respects any British possession as from the commencement of this Act in that possession, and as respects any Courts out of Her Majesty’s dominions as from the date of any order applying to this Act:

Provided that—

(a.) Any appeal against a judgment made before the commencement of this Act may be brought, and any such appeal and any proceedings or appeals pending at 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 to colonial Courts of Admiralty, and may be altered and revoked accordingly.

FIRST SCHEDULE.

BRITISH POSSESSIONS IN WHICH OPERATION OF ACT IS DELAYED.

New South Wales, Victoria, St. Helena, British Honduras.

SECOND SCHEDULE.

ENACTMENTS REPEALED.

Session and Chapter. Title of Act. Extent of Repeal.
56 Geo. 3, c. 82 An Act to render valid the Judicial Acts of Surrogates of Vice-Admiralty Courts abroad during Vacancies in Office of Judges of such Courts The whole Act.
2 & 3 Will. 4, 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.
3 & 4 Will. 4, c. 41 An Act for the Better Administration of Justice in His Majesty’s Privy Council Section two.
6 & 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 In section two, the words “or from any Admiralty or Vice-Admiralty Court,” and the words “or the Lords Commissioners of Appeals in prize causes, or their Surrogates.”

In section three, the words “and the High Court of Admiralty of England,” and the words “and from any Admiralty or Vice-Admiralty Court.”

In section five, from the first “the High Court of Admiralty” to the end of the section.

In section seven, the words “and from Admiralty or Vice-Admiralty Courts.”

Sections nine and ten so far as relates to maritime causes

In section twelve, the words “or maritime.”

In section fifteen, the words “and Admiralty and Vice-Admiralty.”



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VUW Te Waharoa PDF NZ Gazette 1891, No 13





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⚖️ Colonial Courts of Admiralty Act, 1890 (continued from previous page)

⚖️ Justice & Law Enforcement
25 July 1890
Admiralty Jurisdiction, Colonial Courts, High Court, England, Legislation, Jurisdiction, Powers, Appeals, Queen in Council, Privy Council, Rules of Court, Droits of Admiralty, Crown, Vice-Admiralty Court, Vice-Admiral, Channel Islands, Foreign Jurisdiction, Slave Trade