Admiralty Court Act, 1861
[24 Vict c 10]
[17th May 1861]
An Act to Extend the Jurisdiction
and Improve the Practice of the High Court of Admiralty
WHERAS it is expedient to extend the jurisdiction and improve the practice of the High Court of Admiralty of England: Be it therefore enacted. etc. as follows:
1. Short title
This Act may be cited for all purposes as 'The Admiralty Court Act, 1861'.
2. Interpretation of terms
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 hereinafter assigned to them; that is to say,
'Ship' shall include any description of vessel used in
navigation not propelled by oars:
'Cause' shall include any cause, suit, action, or other proceeding in the
Court of Admiralty.
3. Commencement of Act
[Repealed by Statute Law Revision Act, 1892 (55 ~ 56 Vict c 19).
4. As to claims for building, equipping, or repairing of
ships
The High Court of Admiralty shall have jurisdiction over any claim for the
building, equipping, or repairing of any ship, if at the time of the institution
of the cause the ship or the proceeds thereof are under arrest of the court.
5. As to claims for necessaries
The High 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, unless it is shown to the satisfaction of the court that at the time of
the institution of the cause any owner or part owner of the ship is domiciled in
England or Wales: Provided always, that if in any such cause the plaintiff do
not recover twenty pounds, he shall not be entitled to.
6. As to claims for damage to cargo imported
The High 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 England or Wales 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, unless
it is shown to the satisfaction of the court that at the time of the institution
of the cause any owner or part owner of the ship is domiciled in England or
Wales: Provided always, that if any such cause the plaintiff do not recover
twenty pounds, he shall not be entitled to any costs, charges, or expenses
incurred by him therein, unless the judge shall certify that the cause was a fit
one to be tried in the said court.
7. As to claims for damage by any ship
The High Court of Admiralty shall have jurisdiction over any claim for damage
done by any ship.
8. High Court of Admiralty to decide questions as to
ownership, etc of ships
The High Court of' Admiralty shall have jurisdiction to decide all questions
arising between the co-owners, or any of them, touching the ownership,
possession, employment, and earnings of any ship registered at any port in
England or Wales, 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.
9. Extending 17 & 18 Vict c 104 as to claims for salvage
of life
All the provisions of 'The Merchant Shipping Act 1854' in regard to salvage
of life from any ship or boat within the limits of the United Kingdom, shall be
extended to the salvage of life from any British ship or boat, wheresoever the
services may have been rendered, and from any foreign ship or boat, where the
services have been rendered wholly or in part in British waters.
[Repealed by the Merchant Shipping Act 1894 (57 & 58 Vict c 60) s 745]
10. As to claims for wages and for disbursements by master of
a ship
The High 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: Provided always, that if in
any such cause the plaintiff do not recover fifty pounds, he shall not be
entitled to any costs, charges, or expenses incurred by him therein, unless the
judge shall certify that the e was a fit one to be tried in the said court.
11. 3 & 4 Vict c 65, in regard to mortgages extended to
Court of Admiralty
The High Court of Admiralty shall have jurisdiction over any claim in
respect of any mortgage duly registered according to the provisions of the
Merchant Shipping Act, 1854, whether the ship or the proceeds thereof be under
arrest of the said court or not.
12. Sections 62 to 65 of 17 & 18 Vict c 104 extended to
Court of Admiralty
The High Court of Admiralty shall have the same powers over any British
ship, or any share therein, as are conferred upon the High Court of Chancery in
England by the sixty-second, sixty-third, sixty-fourth and sixty-fifth sections
of The Merchant Shipping Act, 1854.
[The 1854 Merchant Shipping Act gave to the High Court of Chancery the power
to prohibit any dealings in shares of British ships which vested in unqualified
owners. They were re-stated in the Act which repealed them, the Merchant
Shipping Act 1894.]
13. Part 9 of 17 & 18 Vict c 104, extended to Court of
Admiralty
Whenever any ship or vessel, or the proceeds thereof, are under arrest of
the High Court of Admiralty, the said court shall have the same powers as are
conferred upon the High Court of Chancery in England by the ninth part of the
Merchant Shipping Act, 1854.
14. Court to be a court of record
The High Court of Admiralty shall be a Court of record for all intents
and purposes.
[Repealed by the Statute Law Revision and Civil Procedure Act, 1881] (44 ~ 45
Vict C 59) s 3]
15. Decrees of Court of Admiralty
Concerning the effect of decrees of the High Court of Admiralty.
[Repealed by the Statute Law Revision and Civil Procedure Act, 1881] (44 ~ 45
Vict C 59) s 3]
16. As to claim to goods taken in execution
If any claim shall be made to any goods or chattels taken in execution under
any process of the High 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 Admiralty Court; and the judge of the said
Admiralty Court 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.
17. Powers of Superior Courts extended to Court of Admiralty
Concerning the extension of the powers of Superior Courts to the Courts
of Admiralty.
[Repealed by the Statute Law, Revision and Civil Procedure Act, 1881 (44 ~ 45
Vict c 59) s 3]
18. Party in Court of Admiralty may apply for an order for
inspection by Trinity Masters
Any party in a cause in the High Court of Admiralty shall be at liberty to
apply to the said court for an order for the inspection by the Trinity Masters
or others appointed for the trial of the said 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.
19, 20. Discovery & Service
[Repealed by the Statute Law, Revision and Civil Procedure Act, 1881 (44 ~ 45
Vict c 59)s 3]
21. As to the service of subpoena out of England and Wales
The service in any part of Great Britain or Ireland of any writ of subpoena
and testificandum or subpoena duces tecum, issued under seal of
the High Court of Admiralty, shall be as effectual as if the same had been
served in England or Wales.
22. Writs in Admiralty
[Repealed by the Statute Law Revision and Civil Procedure Act, 1881 (44 ~
45 Vict c 59) s 3]
23. Judge and registrar to have same power as to arbitration
as judges and masters at common law
All the powers possessed by any of the superior courts of common law o~ any
judge thereof, under the Common Law Procedure Act, 1854, 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 High Court of
Admiralty in all causes 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.
24. Powers of the Registrar
[Repealed by the Merchant Shipping Act, 1894 (57 ~ 58 Vict c 60) s 745]
25. Powers of registrar and of deputy or assistant registrar
The registrar of the High Court of Admiralty may exercise, with reference to
causes and matters in the said court, the same powers as any surrogate of the
judge of the said court sitting in chambers might or could have heretofore
lawfully exercised; and all powers and authorities by this or any other Act
conferred upon or vested in the registrar of the said High Court of Admiralty
may be exercised by any deputy or assistant registrar of the said court.
26. False oath or affirmation deemed perjury
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 any
person who shall wilfully depose or affirm falsely in any proceeding before the
registrar or before any deputy or assistant registrar of the said court, or
before any person authorised to administer oaths in the said court, shall be
deemed to be guilty of perjury, and shall be liable to all the pains and
penalties attaching to wilful and corrupt perjury.
27. Appointment of registrar and of deputy or assistant
registrar
Any advocate, barrister-at-law, proctor, attorney, or solicitor of ten
years' standing may be appointed registrar or assistant or deputy registrar of
the said court.
28. Appointment of examiners
Any advocate, barrister-at-law, proctor, attorney, or solicitor may be
appointed an examiner of the High Court of Admiralty.
29. [Repealed by Statute Law Revision and Civil Procedure Act, 1875 (33 ~ 39 Vict c 66)]
30. Proctor may act as agent of solicitors
Any proctor of the High Court of Admiralty may act as
agent of any attorney or solicitor, and allow him to participate in the profits
of and incident to any cause or matter depending in or connected with the said
court. L The rest of this section is repealed by S. L. R. Act, 1875.]
31. 2 Hen 4 c 11 Repealed
The Act passed in the second year of the reign of King Henry the Fourth
entitled 'A Remedy for him who is wrongfully pursued in the Court of Admiralty'
is hereby repealed.
[Repealed by Statute Law Revision and Civil Procedure Act,1875 (38 ~ 39 Vict c
66)]
32. Appeals in Interlocutory Matters
[Repealed by the Statute Law Revision and Civil Procedure Act, 1881 (44
&~ 45 Vict c 59) s 3]
33. Bail given in the Court of Admiralty good in the Court of
Appeal
In any cause in the High Court of Admiralty bail may be taken to answer the
judgement as well of the said court as of the Court of Appeal, and the said High
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 High Court of Admiralty the Court of Appeal 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.
34. As to the hearing of causes and cross causes
The High 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 judgement, and in the cross cause the ship of the plaintiff cannot
be arrested, and security has not been given to answer judgement therein, the
court may, if it think fit, suspend the proceedings in the principal cause,
until security has been given to answer judgement in the cross cause.
35. Jurisdiction of the court
The jurisdiction conferred by this Act on the High Court of Admiralty may be
exercised either by proceedings in rem or by proceedings in personam.