| |
COURT OF ADMIRALITY (IRELAND) ACT 1867
|
| |
CHAPTER CXIV.
|
| |
An Act to extend the Jurisdiction, alter and amend the Procedure and Practice, and to regulate the Establishment, of the Court of Admiralty in Ireland. [20th August 1867.]
|
| |
[Preamble.]
|
| |
Preliminary.
|
|
|
Short title.
|
1. This Act may be cited as “The Court of Admiralty (Ireland) Act, 1867.”
|
|
|
Interpretation of terms.
|
2. In the interpretation and for the purposes of this Act (if not inconsistent with the context or subject) the following terms shall have the respective meanings herein-after assigned to them; that is to say,
|
|
| |
“Ship” shall include any description of vessel used in navigation not exclusively propelled by oars:
|
|
| |
“Cause” shall include any cause, suit, action, matter, or other proceeding in the Court of Admiralty of Ireland:
|
|
| |
“The Court of Admiralty” shall mean the Court of Admiralty of Ireland:
|
|
| |
“The judge” shall mean the judge of the said Court of Admiralty for the time being:
|
|
| |
“Her Majesty in Council” shall mean Her Majesty in the Privy Council in England:
|
|
| |
“The Lord Chancellor” shall mean and include the Lord High Chancellor, Lord Keeper, and Lords Commissioners for the custody of the Great Seal of Ireland for the time being:
|
|
| |
“Local court” shall mean and include the court of the recorder of the borough of Cork, the court of the recorder of the borough of Belfast, and the court of any other recorder, or of any chairman of quarter sessions in Ireland, to whom jurisdiction in Admiralty cases shall be given by virtue of this Act.
|
| |
[S. 3 rep. 56 & 57 Vict. c. 54. (S.L.R.) Ss. 4, 5 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
|
| |
Part I.—Court and Officers.
|
| |
[S. 6 (as to judge of High Court of Admiralty) rep. 57 & 58 Vict. c. 56. (S.L.R.)]
|
|
|
Jurisdiction.
|
7. . . . the said judge shall have full power and authority to hear and determine all manner of civil, maritime, and other causes to the jurisdiction of the said Court now belonging, and shall also have such jurisdiction as is herein-after by this Act given to the said Court of Admiralty.
|
| |
[S. 8 rep. 38 & 39 Vict. c. 66. (S.L.R.) S. 9 rep. 57 & 58 Vict. c. 56. (S.L.R.)]
|
|
|
Appointment and tenure of registrar and marshal.
|
10. The Lord Lieutenant may from time to time, by warrant under his hand, appoint a fit person, being an advocate, barrister-at-law, . . . or solicitor of ten years standing, to be the registrar of said Court, and also one other fit person to be the marshal of said Court; . . .
|
| |
[S. 11 rep. 57 & 58 Vict. c. 56. (S.L.R.)]
|
|
|
Appointment of deputies in case of illness, &c.
|
12. The registrar and all other officers of the said Court of Admiralty shall perform their duties in person, and not by deputy, except in case of temporary illness or other reasonable cause allowed by the judge: Provided always, that in case any officer of the said Court of Admiralty shall be prevented by temporary illness or other reasonable cause allowed as aforesaid from attending to his duties, the judge may appoint a fit and proper person to act as the deputy of such officer; and no such deputy shall continue to act for any longer time than shall be allowed and specified in and by the order to be made on each such occasion by the judge; and all the powers and authorities of the officer in whose place any such deputy shall be appointed may be exercised by such deputy during the time while he shall be so authorized to act as aforesaid.
|
|
|
No officer of the Court to practise as an advocate, &c.
|
13. No registrar or other officer of the said High Court of Admiralty, save the marshal, nor any clerk of said Court, shall during the time of his holding such office, directly or indirectly, practice as an advocate, barrister, . . . solicitor, . . . or as clerk to any . . . solicitor, . . . or participate in the fees of any other person so practising; and the marshal of said Court shall not, directly or indirectly, practise therein, or participate in the fees of any other person so practising.
|
| |
[Ss. 14–25 rep. 57 & 58 Vict. c. 56. (S.L.R.) S. 26 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
|
| |
Part II.—Jurisdiction of the Court.
|
|
|
Jurisdiction in cases of salvage. 17 & 18 Vict. c. 104. 25 & 26 Vict. c. 63.
|
27. Subject to the provisions of [1]
the Merchant Shipping Act, 1854, and the Merchant Shipping Amendment Act, 1862, the Court of Admiralty shall have jurisdiction to decide upon all claims whatsoever relating to salvage, and to enforce the payment thereof, whether the service in respect of which salvage is claimed were performed upon the high seas or within the body of any county, or partly in the one place and partly in the other, and whether the wreck is found at sea or cast upon the land, or partly in the sea and partly on land.
|
|
|
Jurisdiction in cases of towage.
|
28. The Court of Admiralty shall have jurisdiction to decide all claims and demands in the nature of towage, and to enforce the payment thereof, whether such towage was performed within the body of a county or upon the high seas.
|
|
|
Jurisdiction in cases of damage.
|
29. The Court of Admiralty shall have jurisdiction over any claims for damage received or done by any ship, whether within the body of a county or not.
|
|
|
As to claims for building, &c. of ships.
|
30. The Court of Admiralty shall have jurisdiction over any claim for the building, equipping, or repairing of any ship.
|
|
|
Jurisdiction as to claims for necessaries supplied.
|
31. The Court of Admiralty shall have jurisdiction over any claim for necessaries supplied to any ship elsewhere than in the port to which the ship belongs.
|
|
|
Court of Admiralty to decide questions as to ownership, &c. of ships.
|
32. The Court of Admiralty shall have jurisdiction to decide all questions arising between the co-owners or any of them touching the title to or the ownership, possession, employment, and earnings of any ship registered at any port in Ireland, or any share thereof, and may settle all accounts outstanding and unsettled between the parties in relation thereto, and may direct the said ship or any share thereof to be sold, and may make such order in the premises as to it shall seem fit.
|
|
|
As to claims for wages by seamen, and for wages and disbursements by masters.
|
33. The Court of Admiralty shall have jurisdiction over any claim by a seaman of any ship for wages earned by him on board the ship, whether the same be due under a special contract or otherwise, and also over any claim by the master of any ship for wages earned by him on board the ship, and for disbursements made by him on account of the ship.
|
|
|
Jurisdiction as to mortgages registered under 17 & 18 Vict. c. 104.
|
34. The Court of Admiralty shall have jurisdiction over any claim in respect of any mortgage duly registered according to the provisions of [1]
the Merchant Shipping Act, 1854, whether the ship or the proceeds thereof be under arrest of the said Court or not.
|
| |
[S. 35 rep. 57 & 58 Vict. c. 60. s. 745.]
|
|
|
Part ix. of 17 & 18 Vict. c. 104.
|
36. The Court of Admiralty shall have the same powers as are conferred upon the High Court of Chancery in Ireland by the [2]
ninth part of the Merchant Shipping Act, 1854.
|
|
|
Claims for damage by negligence, &c. to goods carried in ships.
|
37. The Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any port in Ireland in any ship for damage done to the goods, or any part thereof, by the negligence or misconduct of, or for any breach of duty or breach of contract on the part of, the owner, master, or crew of the ship.
|
|
|
Jurisdiction in rem or in personam.
|
38. The jurisdiction conferred by this Act may be exercised either by proceedings in rem or by proceedings in personam.
|
| |
[Ss. 39–41 rep. 57 & 58 Vict. c. 56. (S.L.R.)]
|
|
|
Gaolers to receive prisoners committed by Court of Admiralty.
|
42. The keeper for the time being of any common gaol or prison shall be bound to receive or take into his custody all persons who shall be committed thereunto by the said Court of Admiralty; and every keeper of any gaol or prison who shall refuse to receive into his custody any person so committed, or wilfully or negligently suffer such person to escape or go at large without lawful warrant, shall be liable to the like penalties and consequences as if such person had been committed to his custody by any other lawful authority.
|
|
|
Prisoners in contempt may be discharged.
|
43. It shall be lawful for the judge to order the discharge of any person who shall be in custody for contempt of the said Court, or for any other cause other than nonpayment of money, on such conditions as to the judge shall seem just: Provided always, that the order for such discharge shall not be deemed to have purged the original contempt in case the conditions on which such order shall be made be not fulfilled.
|
|
|
Judge and registrar to have same power as to arbitration as judges and masters at Common Law.
|
44. All the powers possessed by any of the Superior Courts of Common Law, or any judge thereof, under the Common Law Procedure Act, 1856, and otherwise, with regard to references to arbitration, proceedings thereon, and the enforcing of awards of arbitrators, shall be possessed by the judge of the Court of Admiralty in all cases and matters depending in the said Court; and the registrar of the said Court of Admiralty shall possess as to such matters the same powers as are possessed by the masters of the said Superior Courts of Common Law in relation thereto.
|
| |
[S. 45 rep. 57 & 58 Vict. c. 60. s. 745.]
|
|
|
Registrar to have power to administer oaths, and other powers conferred by rules, &c.
|
46. The registrar of the said Court of Admiralty shall have power to administer oaths in relation to any cause or matter depending in the said Court, and shall have also such other powers as may be given him for the discharge of his functions as registrar by any rule, order, or regulation to be made in pursuance of this Act.
|
|
|
Liability to costs for unreasonable arrest of property.
|
47. The party at whose instance any property is arrested under a warrant of the High Court of Admiralty shall be liable to be condemned in all costs and expenses occasioned thereby, and in damages for the detention of the property, unless he shows to the satisfaction of the Court that he could not, without such arrest, have obtained bail or other security for the sum in which the cause is instituted, or that he had otherwise good and sufficient reason for having caused the issue and execution of the warrant of arrest.
|
| |
Part III.—Practice and Procedure.
|
| |
[S. 48 rep. 57 & 58 Vict. c. 56. (S.L.R.)]
|
| |
2.—Evidence.
|
| |
[S. 49 rep. 57 & 58 Vict. c. 56. (S.L.R.)]
|
|
|
Power to examine vivâ voce in open court.
|
50. In any cause depending in the Court of Admiralty, the Court, if it shall think fit, may summon before it and examine or cause to be examined witnesses by word of mouth, and either before or after examination by deposition or before a commissioner, as hereafter mentioned, and notes of such evidence shall be taken down in writing by the judge or registrar, or by such other person or persons and in such manner as the judge of the said Court shall direct.
|
|
|
Evidence may be taken vivâ voce before an examiner specially appointed.
|
51. The Court may, if it shall think fit, by order in any such suit, appoint some person, being a barrister-at-law of not less than seven years standing, an examiner to take evidence in such suit by word of mouth upon oath, which every such examiner is hereby empowered to administer, at such time or times, place or places, and as to such fact or facts, and in such manner, order, and course, and under such limitations and restrictions, and to transmit the same to the registry of the said Court in such form and manner, as in and by the said order shall be directed; and such examiner shall be attended, and the witnesses shall be examined, cross-examined, and re-examined, by the parties, their counsel, solicitors, attorneys, or agents, if such parties or either of them shall think fit so to do; and such examiner shall, if need be, make a special report to the Court touching such examination, and the conduct or absence of any witness or other person thereon or relating thereto; and the said Court of Admiralty is hereby authorized to institute such proceedings and make such order or orders upon such report as justice may require, and as may be instituted or made in any case of contempt of the said Court.
|
|
|
Attendance of witnesses and production of books, &c. before judge or examiner may be enforced by subpœna.
|
52. It shall be lawful in any suit depending in the said Court of Admiralty for the judge or for any such examiner appointed in pursuance of this Act to require the attendance of any witness, and the production of any deeds, evidences, books, or writings, by writ to be issued by such judge or examiner in such form as shall be directed by the general orders to be made under this Act, or as nearly thereto as may be; and every person disobeying any such writ so to be issued by the said judge or examiner shall be considered as in contempt of the said Court of Admiralty, and may be punished for such contempt in the said Court.
|
| |
[Ss. 53–60 rep. 57 & 58 Vict. c. 56. (S.L.R.)]
|
| |
3.—Issues and New Trials.
|
| |
[Ss. 61–65 rep. 57 & 58 Vict. c. 56 (S.L.R.)]
|
|
|
Any party may apply for an order for inspection by nautical assessors or others appointed for trial, or by parties or witnesses.
|
66. Any party in a cause in the Court of Admiralty shall be at liberty to apply to the said Court for an order for the inspection by the nautical assessors or others appointed for the trial of any cause, or by the party himself or his witnesses, of any ship or other personal or real property the inspection of which may be material to the issue of the cause; and the Court may make such order in respect of the costs arising thereout as to it shall seem fit.
|
| |
[S. 67 rep. 57 & 58 Vict. c. 56. (S.L.R.)]
|
| |
4.—Other Branches of Practice and Procedure.
|
| |
[S. 68 rep. 57 & 58 Vict. c. 56. (S.L.R.)]
|
|
|
Service of subpœnas out of Ireland.
|
69. The service in any part of the United Kingdom of any writ of subpœna ad testificandum or subpœna duces tecum issued under seal of the Court of Admiralty shall be as effectual as if the same had been served in Ireland.
|
| |
[S. 70 rep. 57 & 58 Vict. c. 56. (S.L.R.)]
|
|
|
Proceedings on claims by third parties to goods taken in execution under process of the Court.
|
71. If any claim shall be made to any goods or chattels taken in execution under any process of the Court of Admiralty, or in respect of the seizure thereof, or any act or matter connected therewith, or in respect of the proceeds or value of any such goods or chattels, by any landlord for rent, or by any person not being the party against whom the process has issued, the registrar of the said Court may, upon application of the officer charged with the execution of the process, whether before or after any action brought against such officer, issue a summons calling before the said Court both the party issuing such process and the party making the claim; and thereupon any action which shall have been brought in any of Her Majesty’s Superior Courts of Record, or in any local or inferior court, in respect of such claim, seizure, act, or matter as aforesaid, shall be stayed, and the court in which such action shall have been brought, or any judge thereof, on proof of the issue of such summons, and that the goods and chattels were so taken in execution, may order the party bringing the action to pay the costs of all proceedings had upon the action after issue of the summons out of the said Court of Admiralty; and the judge of the said Court of Admiralty shall adjudicate upon the claim and make such order between the parties in respect thereof, and of the costs of the proceedings, as to him shall seem fit; and such order shall be enforced in like manner as any order made in any suit brought in the said Court. Where any such claim shall be made as aforesaid the claimant may deposit with the officer charged with the execution of the process either the amount or value of the goods claimed, the value to be fixed by appraisement in case of dispute, to be by the officer paid into Court to abide the decision of the judge upon the claim, or the sum which the officer shall be allowed to charge as costs for keeping possession of the goods until such decision can be obtained; and in default of the claimant so doing the officer may sell the goods as if no such claim had been made, and shall pay into Court the proceeds of the sale, to abide the decision of the judge.
|
|
|
As to the hearing of causes and cross causes, for damages in respect of the same collisions.
|
72. The Court of Admiralty may, on the application of the defendant in any cause of damage, and on his instituting a cross cause for the damage sustained by him in respect of the same collision, direct that the principal cause and the cross cause be heard at the same time and upon the same evidence, and if in the principal cause the ship of the defendant has been arrested, or security given by him to answer judgment, and in the cross cause the ship of the plaintiff in the principal cause cannot be arrested, and security has not been given to answer judgment therein, the Court may, if it think fit, suspend the proceedings in the principal cause until security has been given to answer judgment in the cross cause.
|
| |
5.—Assessors.
|
|
|
General orders as to framing lists of nautical assessors, their selection and functions, proceedings when they sit, and their remuneration.
|
73. General orders may from time to time provide for the framing of lists of persons of mercantile or nautical skill and experience to act as assessors in the High Court of Admiralty and in the local courts, and for the publication of the lists, and for the ascertainment of the cases in which assessors are to be summoned, and the mode in which in each case they are to be selected, and their functions, and the proceedings in the cases in which they sit, and their remuneration; and every person for the time being named in any such list shall give his attendance according to general orders.
|
| |
Part IV.—Jurisdiction of Local Courts.
|
|
|
Admiralty jurisdiction of local courts.
|
74. The local courts shall, in the cases following, have all the like civil and maritime jurisdiction (with all power and authorities relative thereto) as for the time being belongs to the Court of Admiralty (otherwise than by way of appeal); that is to say,
|
|
| |
(1.) Where the amount or value of the money or thing in dispute does not exceed two hundred pounds:
|
|
| |
(2.) Where the amount or value of the money or thing in dispute exceeds two hundred pounds, but the parties agree by a memorandum signed by them, or by their attorneys or agents, that a local court or courts specified in the memorandum shall have jurisdiction:
|
|
| |
(3.) Where this Act provides for the retention or prosecution of a cause in a local court:
|
|
| |
A cause in which jurisdiction is by this Act given to the local courts is in this Act referred to as an Admiralty cause.
|
|
|
Local court for commencement of cause.
|
75. Subject to general orders, proceedings in an Admiralty cause in a local court shall be commenced as follows:—
|
|
| |
(1.) In the local court within the jurisdiction whereof the ship or goods to which the cause relates is or are at the commencement of the proceedings:
|
|
| |
(2.) If the foregoing rule is not applicable, then in the local court in the district whereof an action should or might be commenced under the ordinary jurisdiction of the court:
|
|
| |
(3.) In any case in the local court, or one of the local courts, which the parties by a memorandum signed by them, or by their attorneys or agents, agree shall have jurisdiction.
|
|
|
Transfer from local court by order of the Court of Admiralty.
|
76. The Court of Admiralty, on motion by any party to an Admiralty cause pending in a local court, may, if it thinks fit, (with or without service and hearing of a summons to the other party, as it thinks fit,) transfer the cause to the Court of Admiralty, on such terms (if any) as to security for costs or other things as the Court thinks fit.
|
|
|
Transfer by order of local court, where the subject matter exceeds in amount the limits of its jurisdiction.
Court of Admiralty may order the cause to proceed in the local court.
|
77. If during the progress of an Admiralty cause in a local court it appears to the court that the subject matter exceeds the limit in respect of amount of the Admiralty jurisdiction of the court, the validity of any order or decree theretofore made by the court shall not be thereby affected, but (unless the parties agree by a memorandum signed by them or their attorneys or agents that the court shall retain jurisdiction) the court shall, by order, transfer the cause to the Court of Admiralty, which Court may nevertheless order that the cause shall be prosecuted in the local court in which it was commenced, and it shall be thereupon remitted to such local court and proceeded with therein.
|
|
|
Transfer to other local court or Court of Admiralty.
|
78. If during the progress of an Admiralty cause in a local court it appears to the court that the cause could be more conveniently prosecuted in some other local court or in the Court of Admiralty, the court may, by order, transfer it to such other local court or to the Court of Admiralty (as the case may be), and it shall be thereupon prosecuted accordingly.
|
|
|
Costs in proceedings in Court of Admiralty which might have been taken in local courts.
|
79. If any person takes proceedings in the High Court of Admiralty which he might (without agreement) have taken in a local court, he shall not be entitled to receive costs in the High Court of Admiralty in any event unless the judge shall otherwise direct, and shall be liable to be condemned in costs, if the judge shall so think fit.
|
|
|
Powers and authorities of judges of local courts.
|
80. In an Admiralty cause in a local court the judge of such court shall (in addition to his other powers and authorities) have all the like powers and authorities as the judge of the High Court of Admiralty.
|
|
|
Marshal to act for local courts.
Remuneration for so acting.
|
81. The marshal of the Court of Admiralty shall be deemed an officer of all and every the local courts in Admiralty causes pending in any of those courts; and it shall be lawful for the Treasury, if they shall think fit, on the application of the judge, to award to the said marshal by way of remuneration for the duties by this section imposed upon him such annual or other sum as they shall deem reasonable, and such sum shall be paid out of the funds which Parliament shall provide for that purpose.
|
| |
[S. 82 rep. 57 & 58 Vict. c. 56. (S.L.R.)]
|
|
|
Execution of decrees, &c.
|
83. For the execution of any decree or order of a local court in an Admiralty cause the court may order, and the clerk of the peace on such order may issue, and any officer of the said court may execute, any writ or warrant of arrest, possession, or execution, or other process.
|
| |
[Ss. 84–86 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
|
| |
Part V.—Appeals.
|
|
|
Appeal from local court to Court of Admiralty.
|
87. An appeal shall lie to the High Court of Admiralty from the final decree, order, or decision of a local court in an Admiralty cause, and, by permission of the judge of the local court, from any interlocutory decree, order, or decision therein, subject to such provisions respecting notice of appeal, deposit or other security for costs, and other matters, as general orders shall direct.
|
| |
[S. 88 rep. 57 & 58 Vict. c. 56. (S.L.R.)]
|
|
|
Appeal precluded by agreement not to appeal.
|
89. Provided, that such an appeal shall not lie if before or after the decree, order, or decision is made or given the parties agree, by a memorandum signed by them or by their attorneys or agents, that the decree, order, or decision shall be final; and any such agreement need not be stamped, except in respect of any fee imposed by general orders.
|
| |
[S. 90 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
|
|
|
Appeal from Court of Admiralty to Court of Appeal.
|
91. Any person considering himself aggrieved by any final or interlocutory sentence, decree, or order of the Court of Admiralty, except a sentence, decree, or order made by the judge upon an appeal from a local court, may appeal therefrom to the Court of Appeal in Chancery in Ireland . . . provided always, that no appeal from any interlocutory order of the Court of Admiralty shall be made without leave of the Court of Admiralty first obtained, but on the hearing of an appeal from any final sentence or decree all interlocutory orders complained of shall be considered as under appeal as well as the final decree.
|
| |
[Ss. 92, 93, 95–105 rep. 56 & 57 Vict. c. 54. (S.L.R.) S. 94 rep. 57 & 58 Vict. c. 56. (S.L.R.)
|
|
|
Bail may be taken in the Court of Admiralty to answer the judgment of that Court and of the Court of Appeal, and may be enforced by the Court of Appeal.
|
106. In any cause in the said Court of Admiralty bail may be taken to answer the judgment as well of the said Court as of the Court of Appeal, and the said Court of Admiralty may withhold the release of any property under its arrest until such bail has been given; and in any appeal from any decree or order of the Court of Admiralty, or of the said Court of Appeal in Chancery in any appeal thereto, preferred by virtue of this Act, the court to which such appeal shall be brought may make and enforce its order against the surety or sureties who may have signed any such bail bond, in the same manner as if the bail had been given in the Court of Appeal.
|
| |
[S. 107 rep. 57 & 58 Vict. c. 56. (S.L.R.) S. 108 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
|
|
|
Appeal from orders of the Court made on appeals from local courts.
|
109. An appeal shall lie from a decree, order, or decision of the High Court of Admiralty made or given on appeal from a local court, in like cases and in like manner as appeals lie from the High Court of Admiralty in causes orginally instituted therein.
|
| |
[Ss. 110, 121–123 rep. 56 & 57 Vict. c. 54. (S.L.R.) Ss. 111–119 rep. 57 & 58 Vict. c. 56. (S.L.R.) S. 120 rep. 38 & 39 Vict. c. 66. (S.L.R.)
|
|
|
Extent of Act.
|
124. This Act shall apply to Ireland only
|
| |
[1 See now the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60.)]
[1 See now the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60.)]
[2 See now Part VIII. of the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60.)] |
