✨ Vice-Admiralty Courts Act Analysis
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mend the Chief Justice or other Principal Judicial Officer 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 immediately 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 any other 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 Accountant-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 appointed. 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 disbursements 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 circumstances. 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 the original Jurisdiction; but the Courts had no Power to award Salvage for saving Human Life at Sea. Jurisdiction in Claims for Life Salvage was given to the High Court of Admiralty of England by the 17 and 18 Vict. c. 104, ss. 458, &c., and the Jurisdiction was extended by the 24 and 25 Vict. c. 10, s. 9. The object of this Clause is to give similar Jurisdiction to the Vice-Admiralty Courts.
(5.) Claims in respect of Towage:
Jurisdiction in Claims for Towage was given to the High Court of Admiralty of England by the 3 and 4 Vict. c. 65, s. 6. The object of this Clause is to extend the Jurisdiction to the Vice-Admiralty Courts, which, as such Services are of a local character, is obviously desirable.
(6.) Claims for damage done by any Ship:
The original Jurisdiction of the Courts included “Suits for Damage to a Ship by Collision;” thus, it would seem, including Cases where a Ship is damaged by Collision with a Pier or Wharf, but not where a Pier or Wharf is damaged by a Ship. But the Power of proceeding in rem posi-
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✨ LLM interpretation of page content
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Detailed statement of the reasons for the various clauses of the Vice-Admiralty Courts Act
(continued from previous page)
🏛️ Governance & Central Administration30 June 1863
Vice-Admiralty Courts, Act of Parliament, Clauses, Statement, Jurisdiction, Appointments, Legal Authority
Otago Provincial Gazette 1863, No 276