See PR.\.CTICE; SuccESSION; TRUSTEES AND EXECUTORS.
See also CRIMINAL LAw; SHIPPING.
Page.
[Arrest of Ships Act of 1848] (11 Vic. No. 46) . . 90 Imperial Acts and lnstt·ttments.
Colonial Courts of Admiralty Act,.1890 (53 & 54 Vic. c. 27) 197 Commission of July 10, 1899, conferring jurisdiction as to prize
of war on Courts of Admiralty 109
Naval Agency and Distribution Act, 1864 (27 & 28 Vjc. c. 24) 91 Naval Prize Acts, 1864 to 1916:-
Naval Prize Act, 1864 (27 & 28 Vic. c. 25) . . 96 Prize Courts Act, 1894 (57 & 58 Vic. c. 39) . . 107 Prize Courts (Procedure) Act, 19i4 ( 4 & 5 Geo. 5,
c.
13) 111 Prize Courts Act, 1915 ( 5 & 6 Geo. 5, c. 57) 112 Naval Prize (Procedure) Act, 1916 (6 Geo. 5, c. 2) 113Prize Court Rules, 1914 . . 114
Warrant of August 17, 1899, requiring Supreme Court of Queensland to exercise prize jurisdiction
.
110PRELIMINARY NOTE.
Admiralty Jurisdiction in England.-Jurisdiction in respect of maritime civil disputes and criminal offences committed at sea was originally exercised by the Court of the Lord High Admiral, which later became the High Court of Admiralty. Modern admiralty juris- diction dates from the statutes 13 Ric. 2, st. 1, c. 5 and 15 Ric. 2, c. 3, which were passed owing to the increased usurpation by the Admiral's Court of the jurisdiction of the common law courts. These statutes confined the Admiral's Court to jurisdiction in respect of things done upon the high seas and in the main streams of great rivers below the first bridges.
By stat. 28' Hen. 8, c. 15, the criminal Jurisdiction was largely tra:v.sferred to the common law courts. rrhe civil jurisdiction was also considerably confined during the seventeenth and eighteenth centuries.
For that jurisdiction as it existed in the reign of William IV. see Halsbury's Laws of England (2nd. ed.), Vol. 1, p. 80.
By the Judicature Act, 1873 (Imperial), the jurisdiction of the High Court of Admiralty was transferred to the Probate, Divorce and Admiralty Division of the High Court.
Admiralty Jurisdiction and Law in Que.ensland.-The jurisdiction in admiralty of the Supreme Court of Queensland derives from tlw Colonial Courts of Admiralty Act, 1890 (Imperial), post, which, by s. 17, abolished the Vice-Admiralty Courts previously existing in British possessions. The Supreme Court, as a court of unlimited civii.
jurisdiction in a British possession, would seem to he a Colonial Court of Admiralty by virtue of ss. 2 (1) and 15 of that Act. Doubt has however arisen whether, since the establishment of the Commonwealth,
87
Admiralty. [Vol. I.
this is so. Section 18 (2) of the Interpretation Act, 1889 (Imperial), which applies to s. 2 (1) of the Colonial Gourts of Admiralty Act, 1890, prtovides that unless the contrary intention appears, where· parts of His Majesty's dominions are under both a central and a local legisla- ture, all parts under the central legislature are deemed to be one British possession. It has been held that the Commonwealth is a "British possession,'' and by virtue of s. 2 ( 1) the High Court is a Colonial Court of Admiralty (John Sharp & Sons Ltd. v. The Katherine Mackall (1924), 34 G.L.R. 420)~ It may be argued that the States are no longer
"British possessions" and that therefore their Supreme Courts are no longer Colonial Courts of Admiralty. See Article by B. J. McGrath in Aust. L.J., Vol. 6, pp. 160 and 215. The contrary view was, however, taken by Dixon, Evatt and McTiernan: JJ. in McArthttr v. Williams (1936), 55 C.L.R. 324, at pp. 358-360, and by Profes:~wr Bailey in
a
brochure published by authority of the Victorian Government in 1935.
See also Union Steamship Co. of New Zealand v. The Carada~e (1937), A.L.R. 142. The State Supreme Courts may also base a claim to juris- diction in admiralty on ss. 39 and 30A of ·the Judiciary Act, 1903
(Com.), ss. 76 (iii.) and 77 (jii.) of the Commonwealth Constitution, title Co:M:MONWEAIHH AND STATES. and s. 3 of the Colonial Courts of Admiralty Act, 1890, post. As to the validity of s. 30A of the Judiciary Act, 1903, see John Sharp & Sons Ltd. v. The Katherine Jiackall, st~pr(t.
Section 2 of the Colonial Courts of Admiralty Act, 1890, post, confers on Oolonial Courts of Admiralty jurisdiction over the like places, persons, matters and things as those· within the jurisdiction of the High Court in England, such jurisdiction to he exercised in the same manner as the jurisdiction of that court. References in statutes to Vice-Admiralty Courts are to be taken to refer to Colonial Courts of Admiralty (s. 2 (3)). Provision is made by s. 6 for appeals to the Privy Council. By ss. 3 and 4 certain powers of legislation with respect to admiralty jurisdiction are conferred on legislatures of British possessions. See notes to s. 4.
An important aspect of admiralty jurisdiction is that in matters of prize of war-i.e., goods on ships captured jt~re belli by the maritime force of a belligerent at sea or seized in port. The jurisdiction of the Supreme Court in this respect rests on the Prize Courts Act, 1894 (Imperial), the Commission issued thereunder on July 10, 1899, and the Warrant issued in pursuance of such Commission on August 17, 1899, for all of which see Pi01st. These instruments provide for exercise of jurisdiction only on proclamation that war has broken out. 'rhe procedure of the Court in prize matters is governed by The Naval Prize Act, 1864, post (see s. 3 thereof), and Prize Court Rules, 1914, post, which were brought into force in Queensland on August 27, 1914. See Ord. 46, and note thereto.
The Naval Agency and Distribution Act, 1864, post, provides for appointment of ships' agents on all ships and vessels of war and on any other of His Majesty's ships or vessels in active service to which that Act is applied under s. 3 thereof (s. 4). It is the duty of a ship's agent to act on behalf of the ship, or officers, or crew in relation to salvage claims and the other matters set out in s. 12. A ship's agent is entitled to remuneration: by a percentage of the money recovered, in aceordance with ss. 19 and 20. Sections 13-17 and 21 make provisi'on with respAct to distribution and application of salvage, prize, and other
Preli'minary Note.
moneys recoverable under the Act. Under s. 22 the Probate, Divorce and Admiralty Division of the High Oourt in EnglaP;d _}las exclusive jurisdiction to determine disputes with respect to such moneys.
For the law relating to prize, see also the Foreign Enlistment Act, 1870 (Imperial), title ENLISTMENT; Halsbnry's Laws of England, title Prize Law and Jurisdictio;n.
Jurisdiction is also conferred on Admiralty Courts by the Paeific Islanders Protection Acts, 1872, s. 16, and 1875, s. 4 (Imperial), title PACIFIC IsLANDs, the Merchant Shipping Act, 1894, s. 76 (Imperial), title SHIPPING (in respect of forfeitures under Part I. which deals ·with registration of British ships) and the 1\Ierchant Shipping (Stevedores and Trimmm·s) Act, 1911, s. 3 (Imperial), title SHIPPING. For the Jaw applicable in admiralty matters, see The Judicature Act of 1876, s. 5 (9), title PRAC'l'ICE; the Arrest of Ships Act of 1848, this title, post; 'rhe Navigation Act of 1876, ss. 82, 83, 194A; The Navigation Acts Amend- ment Act of 1911; the Merchant Shipping Act, 1894, Part VIII.
(Imperial), title Sr-nPPING; Halsbury's l.Jaws of Bngland (2nd. cd.), Vol. 1, title Admiralty.
Practice in admiralty matters is governed lly the Ru1<'R of the Supreme Court (1900), title PI~ACTICE. RPe preliminary para- graphs thereof. Admiralty actions at·e of two kinds, actions 1'n ?'C1n and actions i·n pe1·sonam (Or d. 5, r. 2). '!'hey are tried by a judge without a jury, unless othenvise orclered (Ord. 39, r. 6).
F'or further special rules relating to admiralty matters see R.S.C.
(1900), Ord. 1, r. 1 ("Admiralty action," "?vfarshal," "Ship");
Ord. 3, r. 2; Ord. 5, r. 3; Ord. 6, r. 14; Ord. 7, rr. 11, 12; Ord. 10, lT.
11-14; Ord. 12, r. 21; Ord. 20, r. 1 ( 4) ; Ord. 23, rr. 4, 5; Onl. 2-!, r. 7;
Ord. 26, r. 1; Ord. 33, r. 18; Orcl. · 34; Ord. 39, rr. 6, 26-28; Ord. 40, rr. 3, 4; Ord. 46, rr. 7-12; Ord. 62, r. 16; Ord. 67, rr. 59-72; Ord. G8, rr. 11-18; Orcl. 87, rr. 29-34; Ord. 90, rr. 7, 11, 12; Ord. 91, rr. 9, 10, title PRACTICE.
Provision with respect to criminal offences committed at sea or -in rivers and creeks subject to admiralty jurisdiction, or partly committed out of Queensland or procured out of Queensland or procured in Queensland to be committed out of Queensland, will be found in the Admiralty Offences (Colonial) Acts, 1849 and 1860 (Imperial) ; The Criminal Code (1899), ss. 12-14, title CRIMINAL LAw; The Justices Act of 1886, s. 57 (3), title JusTICES. See also the Territorial Waters Juris- diction Act, 1878 (Imperial), title CRIMINAL LAW, which provides for jurisdiction in respect of criminal offences committed in territorial waters. As to piracy, see Piracy Act, 1850 (Imperial), and The Criminal Code ( 1899), ss. 79-83, title CRUiiNAL L.-\ w.
ss.l-2.