Page:Halsbury Laws of England v1 1907.pdf/363

 Part IY.

—Practice

of Other Courts.

141

particular jurisdiction in the Courts of any British possession not having a representative Legislature {a), they consist of every Court of law (b) in a British possession of original unlimited civil jurisdiction declared by the Legislature of that British possession to be a Colonial Court of Admiralty, and any mferior Court upon which a partial or limited jurisdiction in Admiralty has been conferred by the Legislature of that possession (c).

323. Within the limitations, if any, laid down by the colonial Legislatures, the Colonial Courts of Admiralty have similar jurisdiction and powers to those exercised in Admiralty by the High Court in England (d). And any enactment contained in any statute of the Imperial Parliament which refers to a Yice-Admiralty Court applies to a Colonial Court of Admiralty, as if the expression Colonial Court of xdmiralty were used instead of Vice-Admiralty Court, and the Colonial Court of Admiralty has jurisdiction accordingly

Sect.

5.

Colonial Courts of

Ad mira lty.

Jurisdiction.

(e).

324. The judgments of a Colonial Court of Admiralty are subject the same local rights of appeal as they would have been if pronounced by the Court in the exercise of its ordinary civil jurisdiction (/). Moreover, there is an ultimate appeal as of right without special leave to His Majesty in Council {g) from a judgment of any Court in a British possession in the exercise of the jurisdiction conferred by the Colonial Courts of Admiralty Act, 1890 (li). Leave of the Privy Council to appeal is necessary if the petition of appeal has not been lodged within the time prescribed by the rules, or if no time is so prescribed within six months from the date of the judgment appealed against (i).

Appeal,

to

325. The Lords Commissioners of the Admiralty may be Estabiishempowered by commission under the Great Seal to establish in a T^^^aU^^^^' ^ British possession any Yice-Admiralty Court, and the jurisdiction coi^ts? a Colonial Court of Admiralty in that possession may be suspended by the Admiralty and vested in the Vice-Admiralty Court so

of

established

{k).

326. The Courts of Jersey arid Guernsey have an Admiralty {I) and the provisions of the Colonial Courts of

jurisdiction



by Order in Council (s. 16 (1)). No such. Order in Council having yet been made, there are still Yice-Admiralty Courts in these possessions. (a) Colonial Courts of Admiralty Act, 1890 (53 & 54 Yict. c. 27), s. 11 (2). (b) This includes the governor if he is the sole judicial authority (ibid. s. 2 (1 ) ). ,

(c)

Ibid.,

s.

{d)

Ibid., Ibid.,

s.

(e)

(/) Ibid.,

s.

2(1), 2 (2). 2 (3).

(3).

s. 5.

(g) Ibid., s. 6. (A) Ibid., s. 6 (1)

Richelieu Breton, [1907] A. C. 112. {i) Ibid, s. 6 (2).

and Ontario Navigation

Co. v.

Owners of SS. Cape

[k) Ibid., s. 9. The existing jurisdiction possessed by the Yice-Admiralty Courts abroad is, for the most part, conferred by the Yice-Admiralty Courts Acts, 1863 (26 & 27 Yict. c. 24). (0 See Merchant Shipping Act, 1894 (57 & 58 Yict. c. 60), s. 561.

Courts of Jersey and

Guernsey and the Isle of Man.