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ADMIRALTY, HIGH COURT OF . The High Court of Admiralty of England was the court of the deputy or lieutenant of the admiral. It is supposed in the Black Book of the Admiralty to have been founded in the reign of Edward I.; but it would appear, from the learned discussion of R. G. Marsden, that it was established as a civil court by Edward III. in the year 136o; the power of the admiral to determine matters of discipline in the fleet, and possibly questions of piracy and prize, being somewhat earlier. Even then the court as such took no formal shape; but the various admirals began to receive in their patents express grants of jurisdiction with powers to appoint lieutenants or deputies. At first there were separate admirals or rear-admirals of the north, south and west, each with deputies and courts. A list
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From the time of Henry IV. the only legislation affecting the civil jurisdiction of the High Court of Admiralty till the time of Queen Victoria is to be found in an act of 1540, enabling the admiral or his lieutenant to decide on certain complaints of freighters against shipmasters for delay in sailing, and one of 1562, giving the lord high admiral of England, the lord warden of the Cinque Ports, their lieutenants and judges, co-ordinate power with other judges to enforce forfeitures under that acta very curious and miscellaneous statute called " An Act for the Maintenance of the Navy. " In an act of 1534, with regard to ecclesiastical appeals from the courts of the archbishops to the crown, it is provided that the appeal shall be to the king in Chancery, " and that upon every such appeal a commission shall be directed under the great seal to such persons as shall be named by the king's highness, his heirs or successors, like as in cases of appeal from the Admiralty Court. " The appeal to these " persons, " called delegates, continued until it was transferred first to the privy council and then to the judicial committee of the privy council by acts of 1832 and 1833. The early jurisdiction of the court appears to have been exercised very much under the same procedure as that used by the courts of common law. Juries are mentioned, sometimes of the county and sometimes of the county and merchants. But the connexion with foreign parts led to the gradual introduction of a procedure resembling that coming into use on the continent and based on the Roman civil law. The Offences at Sea Act1536 states the objection to this application of the civil law to the trial of criminal cases with much force: " After the course of the civil laws, the nature whereof is that before any judgment of death can be given against the offenders, either they must plainly confess their offences (which they will never do without torture or pain), or else their offences be so plainly and directly proved by witness indifferent such as saw their offences committed, which cannot be gotten but by chance at few times. " The material enactments of the restraining statutes were as follows:An act of 1389 (13 Ric. II. c. 5) provided that " the admirals and their deputies shall not meddle from henceforth of anything done within the realm, but only ag tActs. of a thing done upon the sea, as it hath been used in the time of the noble prince king Edward, grandfather of our lord the king that now is. " The act of 1391 (15 Ric. II. c. 3) provided that " of all manner of contracts, pleas and quarrels, and other things rising within the bodies of the counties as well by land as by water, and also of wreck of the sea, the admiral's court shall have no manner of cognizance, power, nor jurisdiction; but all such manner of contracts, pleas and quarrels, and all other things rising within the bodies of counties, as well by land as by water, as afore, and also wreck of the sea, shall be tried, deter-mined, discussed and remedied by the laws of the land, and not before nor by the admiral, nor his lieutenant in any wise. Nevertheless, of the death of a man, and of a maihem done in great ships, being and hovering in the main stream of great rivers, only beneath the [bridges] of the same rivers [nigh] to the sea, and in none other places of the same rivers, the admiral shall have cognizance, and also to arrest ships in the great flotes for the great voyages of the king and of the realm; saving always to the king all manner of forfeitures and profits thereof coming; and he shall have also jurisdiction upon the said flotes, during the said voyages only; saving always to the lords, cities, and boroughs, their liberties and franchises. " The act of 1400 (2 Hen. IV. c. xr) adds nothing by way of definition or restriction, but merely gives additional remedies against encroachments, providing heavy fines for those who improperly sue in the court, and those officials of the court who improperly assert jurisdiction. It was repealed by the Admiralty Court Act 1861. The statutes of Richard, except the enabling part of the second, were repealed by the Civil Procedure Acts Repeal Act 1879. The formation of a High Court of Justice rendered them obsolete. In the reign of James I. the chronic, controversies between the courts of common law and the Admiralty Court as to the limits of their respective jurisdictions reached an acute stage. We find the records of it in the second volume of Marsden's Select Pleas in the Court of Admiralty, and in Lord Coke's writings: Reports, part xiii. 51; Institutes, part iv. chap. 22. In this latter passage Lord Coke records how, notwithstanding an agreement asserted to have been made in 1575 between the justices of the King's Bench and the judge of the admiralty, the judges of the common law courts successfully maintained their right to prohibit suits in admiralty upon contracts made on shore, or within havens, or creeks, or tidal rivers, if the waters were within the body of any county, wheresoever such contracts were broken, for torts committed within the body of a county, whether on land or water, and for contracts made in parts beyond the seas. It is due to the memory of the judges of Lord Coke's time to say that, at any rate as regards contracts made in partibus transmarinis, the same rule appears to have been applied at least as early as 1544, the judges then holding that " for actions transitory abroad action may lie at common law. " All the while, however, the patents of the admiralty judge purported to confer on him a far ampler jurisdiction than the jealousy of the other courts would concede to him. Judge's The patent of the last judge of the court, Sir Robert patent. Joseph Phillimore, dated the 23rd of August 1867, styles him " Lieut. Off'. Princ'. and Commissary Gen'. and Special in our High Court of Admiralty of Eng. and President and Judge of the same, " and gives to him power to take cognizance of " all causes, civil and maritime, also all. contracts, complaints, offences or suspected offences, crimes, pleas, debts, exchanges, accounts, Jurisdlctioa. policies of assurance, loading of ships, and all other matters and contracts which relate to freight due for the use of ships, transportation, money or bottomry
As has been said, however, the contention of the common law judges prevailed, and the Admiralty Court (except for a teln- porary revival under Cromwell) sank into comparative Modern insignificance during the 17th century. The great progress. maritime wars of the 18th century gave scope to the exercise of its prize jurisdiction; and its international importance as a prize court in the latter half of the 18th and the first part of the loth centuries is a matter of common historical knowledge. There were upwards of l000 prize causes each year between 1803 and 1811, in some years upwards of 2000. There were other great judges; but Sir William Scott, after-wards Lord Stowell, is the most famous. Before his time there were no reports of admiralty cases, except Hay and Marriott's prize decisions. But from his time onwards there has been a continuous stream of admiralty reports, and we begin to find important cases decided on the instance as well as on the prize side. In the reign of Queen Victoria, two enabling statutes, 184o and 1861, were passed and greatly enlarged the jurisdiction of the court. The manner in which these statutes were administered by Dr Stephen Lushington and Sir R. J. Phillimore, whose tenure of office covered the whole period of the queen's reign till the creation of the 'High Court of Justice, the valuable assistance rendered by the nautical assessors from the Trinity House
House
Till the year 1859 the practitioners in the High Court ofAdmiralty were the same as those in the ecclesiastical courts and distinct from those who practised in the ordinary courts. Advocates took the place of barristers, and proctors of solicitors. The place of the attorney-general was Practiboners in taken by the king's or queen's advocate-general, and the court. that of the treasury solicitor by the king's or queen's procurator or proctor. There were also an admiralty advocate and an admiralty proctor. The king's advocate also represented the crown in the ecclesiastical courts, and was its standing
In an act of 1859 the practice was thrown open to barristers and to attorneys and solicitors. Upon the next vacancy after the courts were thrown open, the crown altered the precedence and placed the queen's advocate after the attorney- and solicitor-general. There were two holders of the office under these conditions, Sir R. J. Phillimore and Sir Travers Twiss. The office was not filled up after the resignation of the latter. The admiralty had, when the courts were thrown open, a standing
The last holder of the office of standing counsel to the admiralty was Alexander Staveley Hill, K.C.,M.P. Since his death the office, like those of the king's or queen's advocate and the admiralty advocate, has not been filled up; and the ordinary law officers of the crown with the assistance of a junior counsel to the admiralty (a barrister appointed by the attorney-general) perform the duties of all these offices. The judge advocate of the fleet is a practising barrister whose function it is to advise the admiralty on all matters connected with courts-martial. Though section 61 of the Naval Judge Discipline Act 1866 recognizes the possibility of his Advocate presence at a court-martial, he does not nowadays oP the attend, but is represented by his deputy or by an Fteet officiating deputy judge advocate appointed ad hoc by the admiralty, the commander
chief
opinion . The judge advocate of the fleet receives no fees but is remunerated by a salary of 500 per annum.The existence of a deputy judge of the fleet appointed by the admiralty has been recognized by the king's regulations, but no such officer had been appointed up to 1908. In accordance with the provisions of 61 of the Naval Discipline Act 1866, in the absence of the judge advocate of the fleet and his deputy, an officiating judge advocate is appointed for each court-martial. His duties are described in detail by the king's regulations, but may be summed up as consisting of seeing that the charges are in order, pointing out any informalities or defects in the charges or in the constitution of the court, seeing that any witness required by prosecutor or prisoner is summoned, keeping the minutes of the proceedings, advising on matters of law which arise at any time after the warrant for the court-martial is issued, drawing up the findings and sentence, and forwarding the minutes when completed to the admiralty. The officiating judge advocate is usually the secretary of the flag-officer convening the court-martial or some other officer of the accountancy branch. He is remunerated for his services by a fixed fee for each day the court sits. Ireland.The High Court of Admiralty of Ireland, being formed on the same pattern as the High Court in England, sat in the Four Courts, Dublin, having a judge, a registrar, a marshal and a king's or queen's advocate. In peace time and war time alike it exercised only an instance jurisdiction,, though in 1793 it claimed to exercise prize jurisdiction (see ADMIRALTY JURISDICTION). No prize commission ever issued to it. By the Irish Judicature Act of 1897 it was directed that it should be amalgamated with the Irish High Court of justice upon the next vacancy in the office of judge, and this subsequently took place. There was no separate lord high admiral for Ireland. Scotland.At the Union, while the national functions of the lord high admiral were merged in the English office it was provided by the Act of Union that the Court of Admiralty in Scot-land should be continued " for determination of all maritime cases relating to private rights in Scotland competent to the jurisdiction of the Admiralty Court." This court continued till 1831, when its civil jurisdiction was given to the Court of Session and the Sheriffs' Courts (see ADMIRALTY JURISDICTION). See Sir Travers Twiss, Black Book of the Admiralty, Rolls series ; R. G. Marsden, Select Pleas in the Court of Admiralty, published by the Selden Society ; Godolphin, View of the Admiral - Jurisdiction. (W. G. F. P.)End of Article: ADMIRALTY, HIGH COURT OF If you wish, you can link directly to this article.
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