before him and them, and of the award, on unstamped paper, certified under his or their hand; and the same shall be admitted by the court as evidence, and the amount awarded or voluntarily paid shall be distributed according to the judgment of the court. certain cases, may adjudi VI. And be it enacted, that the High Court of Admiralty shall The Court in have jurisdiction to decide all claims and demands whatsoever in the nature of salvage for services rendered to or damage received by any cate, &c. ship or sea-going vessel, or in the nature of towage, or for necessaries supplied to any foreign ship or sea-going vessel, and to enforce the payment thereof, whether such ship or vessel may have been within the body of a county, or upon the high seas, at the time when the services were rendered or damage received, or necessaries furnished, in respect of which such claim is made. taken viva voce in open Court. VII. And be it enacted, that in any suit depending in the said Evidence may be High 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 herein-after 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. be taken vivá voce before a VIII. And be it enacted, that the said court may, if it shall think Evidence may fit, in any such suit issue one or more special commissions to some person, being an advocate of the said High Court of Admiralty of not commissioner. less than seven years' standing, or a barrister at law of not less than seven years' standing, to take evidence by word of mouth, upon oath, which every such commissioner 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 commission shall be directed; and that such commissioner shall be attended, and the witnesses shall be examined, cross-examined, and re-examined by the parties, their counsel, proctors, or agents, if such parties, or either of them, shall think fit so to do; and such commission 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 High 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. witnesses and production of subpœna. IX. And be it enacted, that it shall be lawful in any suit depending Attendance of in the said Court of Admiralty for the judge of the said court, or for any such commissioner appointed in pursuance of this Act, to require papers may be the attendance of any witnesses, and the production of any deeds, compelled by evidences, books, or writings, by writ, to be issued by such judge or commissioner in such and the same form, or as nearly as may be, as that in which a writ of subpoena ad testificandum, or of subpoena duces tecum, is now issued by her Majesty's Court of Queen's Bench at Westminster; and that every person disobeying any such writ so to be issued by the said judge or commissioner shall be considered as in contempt of the said High Court of Admiralty, and may be punished for such contempt in the said court. X. And be it enacted, that all the provisions of an Act passed in Provisions of the fourth year of the reign of his late Majesty, intituled, "An Act 3 & 4 Wm. 4, c. 42, extended for the further Amendment of the Law and better Administration of to Court of Justice," with respect to the admissibility of the evidence of witnesses Admiralty. interested on account of the verdict or judgment, shall extend to the admissibility of evidence in any suit pending in the said Court of Admiralty, and the entry directed by the said Act to be made on the record of judgment shall be made upon the document containing the final sentence of the said court, and shall have the like effect as the entry on such record. Power to direct issues. Costs of issues to be in the Court. XI. And be it enacted, that in any contested suit depending in the said Court of Admiralty, the said court shall have power, if it shall think fit so to do, to direct a trial by jury of any issue or issues on any question or questions of fact arising in any such suit, and that the substance and form of such issue or issues shall be specified by the judge of the said court at the time of directing the same; and if the parties differ in drawing such issue or issues, it shall be referred to the judge of the said court to settle the same; and such trial shall be had before some judge of her Majesty's superior courts of common law at Westminster, at the sittings at nisi prius in London or Middlesex, or before some judge of assize at nisi prius, as to the said court shall seem fit. XII. And be it enacted, that the costs of such issues, or of such and commissions commission as aforesaid, as the judge of the said High Court of discretion of the Admiralty shall under this Act direct, shall be paid by such party or parties, person or persons, and be taxed by the registrar of the said High Court of Admiralty, in such manner as the said judge shall direct, and that payment of such costs shall be enforced in the same manner as cos's between party and party may be enforced in other proceedings in the same court. Power to direct new trials. Granting or refusing new trial, &c. Bills of exceptions to be allowed on trials of issues. Record of the issue to be transmitted to the Court of Admiralty. Provisions of 2 & 3 Wm. 4, c. 92, as to of Admiralty under this Act. XIII. Ånd be it enacted, that the said Court of Admiralty, upon application to be made within three calendar months after the trial of any such issue by any party concerned, may grant and direct one or more new trials of any such issue, and may order such new trial to take place in the manner herein-before directed with regard to the first trial of such issue, and may by order of the same court direct such costs to be paid as to the said court shall seem fit upon any application for a new trial, or upon any new trial, or second or other new trial, and may direct by whom and to whom and at what times and in what manner such costs shall be paid. XIV. And be it enacted, that the granting or refusing to grant an issue, or a new trial of any such issue, may be matter of appeal to her Majesty in council. XV. And be it enacted, that at the trial of any issue directed by the said High Court of Admiralty, either party shall have all the like powers, rights, and remedies with respect to bills of exceptions as parties impleaded before justices may have, by virtue of the statute made in that behalf in the thirteenth year of the reign of King Edward the First, with respect to exceptions alleged by them before such justices, or by any other statute made in the like behalf; and every such bill of exceptions, sealed with the seal of the judge or judges to whom such exceptions shall have been made, shall be annexed to the record of the trial of the said issue. XVI. And be it enacted, that the record of the said issue, and of the verdict therein, shall be transmitted by the associate or other proper officer to the registrar of the said Court of Admiralty; and the verdict of the jury upon any such issue (unless the same shall be set aside) shall be conclusive upon the said court, and upon all such persons; and in all further proceedings in the cause in which such fact is found the said court shall assume such fact to be as found by the jury. XVII. And be it enacted, that every person who, if this Act had not been passed, might have appealed and made suit to her Majesty appeals, to apply in council against any proceeding, decree, or sentence of the said to suits in Court High Court of Admiralty under or by virtue of an Act passed in the third year of the reign of his late Majesty, intituled, "An Act for transferring the Powers of the High Court of Delegates, both in Ecclesiastical and Maritime Causes, to his Majesty in Council," may in like manner appeal and make suits to her Majesty in council against the proceedings, decrees, and sentences of the said court in all suits instituted and proceedings had in the same by virtue of the provisions of this Act, and that all the provisions of the said last-mentioned Act shall apply to all appeals and suits against the proceedings, decrees same manner. and sentences of the said court in suits instituted and proceedings had by virtue of the provisions of this Act; and such appeals and suits shall be proceeded in in the manner and form provided by an Act passed in the fourth year of the reign of his late Majesty, intituled, "An Act for the better Administration of Justice in his Majesty's 3 & 4 Wm. 4, Privy Council;" and all the provisions of the said last-mentioned Act c. 41, to apply in relating to appeals and suits from the High Court of Admiralty shall be applied to appeals and suits from the said court in suits instituted and proceedings had by virtue of the provisions of this Act: provided Certified notes always, that in any such appeal the notes of evidence taken as herein- of evidence before provided by or under the direction of the judge of the said admitted on High Court of Admiralty shall be certified by the said judge to her appeal. Majesty in council, and shall be admitted to prove the oral evidence given in the said Court of Admiralty, and that no evidence shall be admitted on such appeal to contradict the notes of evidence so taken and certified as aforesaid, but this proviso shall not enure to prevent the judicial committee of the privy council from directing witnesses to be examined and re-examined upon such facts as to the committee shall seem fit, in the manner directed by the last-recited Act. taken may be make rules of XVIII. And be it enacted, that it shall be lawful for the judge of Power for judge the said High Court of Admiralty from time to time to make such of Admiralty to rules, orders, and regulations respecting the practice and mode of Court. proceeding of the said court, and the conduct and duties of the officers and practitioners therein, as to him shall seem fit, and from time to time to repeal or alter such rules, orders, or regulations: provided always, that no such rules, orders, or regulations shall be of any force or effect until the same shall have been approved by her Majesty in council. the Court of XIX. And be it declared and enacted, that no action shall lie Protection of against the judge of the said High Court of Admiralty for error in the judge of judgment, and that the said judge shall be entitled to and have all Admiralty. privileges and protections in the exercise of his jurisdiction as judge of the said court which by law appertain to the judges of her Majesty's superior courts of common law in the exercise of their several jurisdictions. committed by by Admiralty XX. And be it enacted, that the keeper for the time being of every Gaolers to common gaol or prison shall be bound to receive and take into his receive prisoners custody all persons who shall be committed thereunto by the said the Court of Court of Admiralty, or who shall be committed thereunto by any Admiralty or coroner appointed by the judge of the said Court of Admiralty, upon coroners. any inquest taken within or upon the high seas adjacent to the county or other jurisdiction to which such gaol or prison belongs; and every keeper of any gaol or prison who shall refuse to receive into his custody any person so committed, or wilfully or carelessly suffer such person to escape and 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. contempt may be XXI. And be it enacted, that it shall be lawful for the judge of Prisoners in the said High Court of Admiralty to order the discharge of any discharged. person who shall be in custody for contempt of the said court, for any cause other than for non-payment 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. concerning booty XXII. And be it enacted, that the said High Court of Admiralty Jurisdiction to shall have jurisdiction to decide all matters and questions concerning try questions booty of war, or the distribution thereof, which it shall please her of war. Majesty, her heirs and successors, by the advice of her and their privy council, to refer to the judgment of the said court; and in all matters so referred the court shall proceed as in cases of prize of war, and the judgment of the court therein shall be binding upon all parties concerned. Jurisdiction of and Equity not Act may be amended this session. XXIII. Provided always, and be it enacted, that nothing herein contained shall be deemed to preclude any of her Majesty's courts of law or equity now having jurisdiction over the several subject-matters and causes of action herein-before mentioned from continuing to exercise such jurisdiction as fully as if this Act had not been passed. XXIV. And be it enacted, that this Act may be repealed or amended by any Act to be passed in this session of parliament. Short title. Interpretation of terms. Commencement of Act. As to claims for building, equipping, or repairing of ships. As to claims for nccessaries. As to claims for As to claims for damage by any ship. No. XVIII. 24 VICT. c. 10. An Act to extend the Jurisdiction and improve the Practice of the I. This Act may be cited for all purposes as "The Admiralty Court II. 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, 66 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. III. This Act shall come into operation on the first day of June, one thousand eight hundred and sixty-one. IV. 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. V. 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 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. VI. 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 in 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. VII. The High Court of Admiralty shall have jurisdiction over any claim for damage done by any ship. VIII. The High Court of Admiralty shall have jurisdiction to High Court of decide all questions arising between the co-owners, or any of them, Admiralty to decide questions touching the ownership, possession, employment, and earnings of as to ownership, any ship registered at any port in England or Wales, or any share &c. of ships. 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. c. 104, as to IX. All the provisions of "The Merchant Shipping Act, 1854," Extending in regard to salvage of life from any ship or boat within the limits 17 & 18 Vict. of the United Kingdom, shall be extended to the salvage of life from claims for any British ship or boat, wheresoever the services may have been salvage of life. rendered, and from any foreign ship or boat, where the services have been rendered either wholly or in part in British waters. disbursements X. The High Court of Admiralty shall have jurisdiction over any As to claims for claim by a seaman of any ship for wages earned by him on board wages and for the ship, whether the same be due under a special contract or other- by master of a wise, and also over any claim by the master of any ship for wages ship. 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 cause was a fit one to be tried in the said court. in regard to XI. The High Court of Admiralty shall have jurisdiction over 3 & 4 Vict. c. 65, any claim in respect of any mortgage duly registered according to mortgages exthe provisions of "The Merchant Shipping Act, 1854," whether tended to Court the ship or the proceeds thereof be under arrest of the said court of Admiralty. or not. of 17 & 18 Vict, XII. The High Court of Admiralty shall have the same powers Sections 62 to 65 over any British ship, or any share therein, as are conferred upon c. 104, extended the High Court of Chancery in England by the sixty-second, sixty- to Court of third, sixty-fourth, and sixty-fifth sections of "The Merchant Shipping Admiralty. Act, 1854." extended to XIII. Whenever any ship or vessel, or the proceeds thereof, are Part 9 of 17 & 18 under arrest of the High Court of Admiralty, the said court shall Vict. c. 104, have the same powers as are conferred upon the High Court of Court of AdChancery in England by the ninth part of "The Merchant Shipping miralty. Act, 1854." XIV. The High Court of Admiralty shall be a court of record for Court to be a all intents and purposes. court of record. orders of Court common law. XV. All decrees and orders of the High Court of Admiralty, Decrees and whereby any sum of money, or any costs, charges, or expenses, of Admiralty to shall be payable to any person, shall have the same effect as judg- have effect of ments in the superior courts of common law, and the persons to judgments at whom any such monies, or costs, charges, or expenses, shall be payable, shall be deemed judgment creditors, and all powers of enforcing judgments possessed by the superior courts of common law, or any judge thereof, with respect to matters depending in the same courts, as well against the ships and goods arrested as against the person of the judgment debtor, shall be possessed by the said Court of Admiralty with respect to matters therein depending; and all remedies at common law possessed by judgment creditors shall be in like manner possessed by persons to whom any monies, costs, charges, or expenses are by such orders or decrees of the said Court of Admiralty directed to be paid. execution. XVI. If any claim shall be made to any goods or chattels taken in As to claims to execution under any process of the High Court of Admiralty or goods taken in 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 |