Page:Halsbury Laws of England v1 1907.pdf/362

 —

— Admiralty.

140 Sect.

3.

The Cinque Ports Salvage

Commis-

perform similar duties with respect to disputes as to salvage occurring within the boundaries of the Cinque Ports as were performed with respect to such disputes elsewhere in England by magistrates under the eighth part of the repealed Merchant Shipping Act, 1854 {n).

sioners. Jurisdiction.

319. The principal statute under which these commissioners are appointed defines the boundaries of the Cinque Ports to seawards and on the coast (o), and enables the commissioners to determine questions arising as to the salvage of anchors and chain cables found at sea or supplied to ships, and as to salvage services rendered generally to ships within the jurisdiction of the Cinque Ports, and to goods which have been wrecked or stranded within that jurisdiction, provided the master or owner of the salved ship or the owners of the goods salved, or his or their agents, are present (j?).

Appeal.

of

320. An appeal from the determination by the commissioners any salvage disputes may within eight days after the award of

made

be brought either to the Court of Admiralty of the to the Admiralty Division of the High Court of Justice iq). The appeal is to be proceeded with within twenty days, and the property in respect of the salving of which the award was made may be released on security being given in double the amount of the award (r). salvage

is

Cinque Ports or

Sect.

4.

Court of Passage of the Borough of Liverpool.

TJie

321. The Liverpool Court of Passage has an Admiralty juris-

Jurisdiction.

diction similar to and coterminous with that of the County Court of Lancashire at Liverpool (s). An appeal lies from its decisions in Admiralty and maritime causes to a Divisional Court of the

Admiralty Division Sect.

if).

5.

Colonial Courts of Adrniralty.

322. The Colonial Courts

Constitution.

of

Admiralty have in most instances

Subject the Vice- Admiralty Courts abroad to the power of the King in Council to prevent the vesting of any

taken the place

{n)

17

&

of

18 Vict.

c.

104; see

ss.

460

— 465;

Act Amendment Act, 1862 (25 & 26 Yict. (o) Cinque Ports Act, 1821 (1 & 2 Geo. (p) Ibid.,

and

see the

Merchant Shipping

49. 76), s. 18.

c.

63),

4,

c.

s.

ss. 1, 2.

Act, 1873 (36 & 37 Yict. c. 66), ss. 34, 76. 2 Geo. 4, c. 76), s, 4. Por the further proceedings in appeals from these commissioners, see TAe Caledonia (1869), L. E. 4 A. & E. 11, note; The Annette (1873), L. E. 4 A. & E. 9. (s) County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Yict. c. 71), iq) Ih'id., s. 4 ; the Judicature (r) Cinque Ports Act, 1821 (1

&

s.

25.

{t) Ibid., s. 26 County Courts Admiralty Jurisdiction Amendment Act, 1869 (32 & 33 Yict c. 51), ss. 2, 6; The Dowse (1870), L. E. 3 A. & E. 135; The Ganges (1880), 5 P. D. 247. In The Emilie Marron, [1905] 2 K. B. 817, it would seem that the appeal was treated as coming from the common law side of the Court of Passage and taken direct to the Court of Appeal, the question of the jurisdiction not having been raised or argued. The {u) Colonial Courts of Admiralty Act, 1890 (53 & 54 Yict. c. 27), s. 17. Act is not to come into force in regard to certain British possessions, namely, New South Wales, Yictoria, St. Helena and British Honduras, until so directed