503

sures, from Her Majesty’s principal
Secretary of State for the Colonies.

ALFRED DOMETT.

Downing-street, 30th June, 1863.

Sir—The attention of Her Majesty’s Government has frequently been called to the difficulties which have been found to exist in the appointment of Officers to the Vice-Admiralty Courts in the British Colonies and Settlements, and to the advantages which would result from the adoption of some measure for remedying these difficulties. The contemplated re-arrangement could only be effected under the authority of an Act of Parliament, and I enclose an Act which has now received the Royal Assent, “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 extend the jurisdiction, and to amend the practice of those Courts.”

You will observe that by the third Section of the Act, on a vacancy occurring in the office of Vice-Admiral, the Governor of the 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 Marshal 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 heretofore of making direct appointments to these and 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 honour, &c.,

NEWCASTLE.

Governor Sir George Grey, K.B.C., &c., &c., &c.

ANNO VICESIMO SEXTO
VICTORIA REGINAE.

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 extend 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 confirm the past proceedings, to extend the jurisdiction, 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 purposes of this Act (if not inconsistent with the context or subject matter) the following terms shall have the respective meanings hereinafter 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 Majesty’s dominions, but not being within the limits of the United Kingdom of Great Britain and Ireland, or of Her Majesty’s possessions 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 hereafter 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