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Colonial Courts of Admiralty Act, 1890.

apply to any Court established by Her Majesty for the exercise of jurisdiction in any place out of Her Majesty's dominions which is named in the Order as if that Court were a Colonial Court of Admiralty, and to provide for carrying into effect such application.

42 & 43 Vict.

c. 38.

13.-(1.) It shall be lawful for Her Majesty the Queen in Rules for Council by Order to make rules as to the practice and pro- procedure in cedure (including fees and costs) to be observed in and the matters. returns to be made from Colonial Courts of Admiralty and Vice-Admiralty Courts in the exercise of their jurisdiction in matters relating to the slave trade, and in and from East 36 & 37 Vict. African Courts as defined by the Slave Trade (East African 59. Courts) Acts, 1873 and 1879.

(2.) Except when inconsistent with such Order in Council, the rules of court for the time being in force in a Colonial Court of Admiralty or Vice-Admiralty Court shall, so far as applicable, extend to proceedings in such court in matters relating to the slave trade.

(3.) The provisions of this Act with respect to appeals to Her Majesty in Council, from courts in British possessions in the exercise of the jurisdiction conferred by this Act, shall apply, with the necessary modifications, to appeals from judgments of any East African court made or purporting to be made in exercise of the jurisdiction under the Šlave Trade (East African Courts) Acts, 1873 and 1879.

14. It shall be lawful for Her Majesty in Council from time Orders in

Council. to time to make Orders for the purposes authorized by this Act, and to revoke and vary such Orders; and every such Order while in operation shall have effect as if it were part of this Act.

15. In the construction of this Act, unless the context other- Interpretawise requires,

tion. The expression “representative legislature” means, in rela

tion to a British possession, a legislature comprising a
legislative body of which at least one-half are elected by

inhabitants of the British possession.
The expression “unlimited civil jurisdiction ” means civil

jurisdiction unlimited as to the value of the subject-matter
at issue, or as to the amount that may be claimed or

recovered.
The expression “judgment” includes a decree, order, and

sentence.
The expression “appeal” means any appeal, rehearing, or

review ; and the expression “local appeal” means an
appeal to any court inferior to Her Majesty in Council.

Colonial Courts of Admiralty Act, 1890.

The expression “ Colonial law” means any Act, ordinance

or other law having the force of legislative enactment in a British possession and made by any authority, other than the Imperial Parliament or Her Majesty in Council,

competent to make laws for such possession. Commence- 16.-(1.) This Act shall, save as otherwise in this Act ment of Act. provided, come into force in every British possession on the

first day of July, one thousand eight hundred and ninety-one.

Provided that
(a.) This Act shall not come into force in any of the British

possessions named in the First Schedule to this Act until
Her Majesty so directs by Order in Council, and until the

day named in that behalf in such Order; and (6.) If before any day above mentioned rules of court for the

Colonial Court of Admiralty in any British possession have been approved by Her Majesty in Council, this Act may

be proclaimed in that possession by the Governor thereof, and on such proclamation shall come into force

on the day named in the proclamation. (2.) The day upon which this Act comes into force in any British possession shall, as regards that British possession, be deemed to be the commencement of this Act.

(3.) If, on the commencement of this Act in any British possession, rules of court have not been approved by Her

Majesty in pursuance of this Act, the rules in force at such 26 & 27 Vict. commencement under the Vice-Admiralty Courts Act, 1863,

and in India the rules in force at such commencement regulating the respective Vice-Admiralty Courts or Courts of Admiralty in India, including any rules made with reference to proceedings instituted on behalf of Her Majesty's ships, shall, so far as applicable, have effect in the Colonial Court or Courts of Admiralty of such possession, and in any Vice-Admiralty Court established under this Act in that possession, as rules of court under this Act, and may be revoked and varied accordingly; and all fees payable under such rules may be taken in such manner as the Colonial Court may direct, so however that the amount of each such fee shall, so nearly as practicable, be paid to the same officer or person who but for the passing of this Act would have been entitled to receive the same in respect of like business. So far as any such rules are inapplicable or do not extend, the rules of court for the exercise by a court of its ordinary civil jurisdiction shall have effect as rules for the exercise by the same court of the jurisdiction conferred by this Act.

(4.) At any time after the passing of this Act any Colonial law may be passed, and any Vice-Admiralty Court may be established and jurisdiction vested in such Court, but any such

c. 24.

Colonial Courts of Admiralty Act, 1890.

law, establishment, or vesting shall not come into effect until the commencement of this Act.

17. On the commencement of this Act in

any
British

pos

Abolition of

Vice-Admisession, but subject to the provisions of this Act, every Vice- ralty Courts. Admiralty Court in that possession shall be abolished ; subject as follows: (1.) All judgments of such Vice-Admiralty Court shall be

executed and may be appealed from in like manner as if
this Act had not passed, and all appeals from any Vice-
Admiralty Court pending at the commencement of this
Act shall be heard and determined, and the judgment
thereon executed as nearly as may be in like manner as if

this Act had not passed :
(2.) All proceedings pending in the Vice-Admiralty Court

in any British possession at the commencement of this
Act shall, notwithstanding the repeal of any enactment
by this Act, be continued in a Colonial Court of Admi-
ralty of the possession in manner directed by rules of
court, and, so far as no such rule extends, in like manner,
as nearly as may be, as if they had been originally begun

in such court:
(3.) Where any person holding an office, whether that of

judge, registrar or marshal, or any other office in any
such Vice-Admiralty Court in a British possession, suffers
any pecuniary loss in consequence of the abolition of such
court, the Government of the British possession, on com-
plaint of such person, shall provide that such person shall
receive reasonable compensation (by way of an increase of
salary or a capital sum, or otherwise) in respect of his loss,
subject nevertheless to the performance, if required by the
said Government, of the like duties as before such aboli-

tion :
(4.) All books, papers, documents, office furniture and other

things at the commencement of this Act belonging or
appertaining to any Vice-Admiralty Court, shall be deliv-
ered over to the proper officer of the Colonial Court of
Admiralty or be otherwise dealt with in such manner as,
subject to any directions from Her Majesty, the Governor

may direct :
(5.) Where, at the commencement of this Act in a British

possession, any person holds a commission to act as advo-
cate in any Vice-Admiralty Court abolished by this Act,
either for Her Majesty or for the Admiralty, such com-
mission shall be of the same avail in every court of the
same British possession exercising jurisdiction under this
Act, as if such court were the court mentioned or referred

Colonial Courts of Admiralty Act, 1890.

Repeal.

18. The Acts specified in the Second Schedule to this Act
shall, to the extent mentioned in the third column of that
schedule, be repealed as respects any British possession as from
the commeneement of this Act in that possession, and as
respects any courts out of Her Majesty's dominions as from
the date of any Order applying this Act :

Provided that-
(a.) Any appeal against a judgment made before the com-

mencement of this Act may be brought and any such
appeal and any proceedings or appeals pending at the
commencement of this Act may be carried on and com-
pleted and carried into effect as if such repeal had not

been enacted; and-..
(6.) All enactments and rules at the passing of this Act in

force touching the practice, procedure, fees, costs, and
returns in matters relating to the slave trade in Vice-
Admiralty Courts and in East African Courts shall have
effect as rules made in pursuance of this Act, and shall
apply to Colonial Courts of Admiralty, and may be altered
and revoked accordingly.

SCHEDULES.

Section 16.

FIRST SCHEDULE.
British POSSESSIONS IN WHICH OPERATION OF ACT IS DELAYED.
New South Wales.

Victoria.
St. Helena.

British Honduras.

SECOND SCHEDULE.

Section 17.

ENACTMENTS REPEALED.

Session and Chapter.

Title of Act.

Extent of Repeal.

56 Geo. 3, c. 82..

An Act to render valid the judi. The whole Act.

cial Acts of Surrogates of Vice-'
Admiralty Courts abroad, dur-
ing vacancies in office of Judges
of such courts.

2 & 3 Will. 4, c. 51 .. An Act to regulate the practice The whole Act.

and the fees in the Vice-Admi.
ralty Courts abroad, and to
obviate doubts as to their juris-

diction.
3 & 4 Will4, c. 41 .. An Act for the better administra- Section two.

tion of jusjice in His Majesty's

Colonial Courts of Admiralty Act, 1890.

Session and Chapter.

Title of Act.

Extent of Repeal.

6 & 7 Vict., c. 38. ... An Act to make further regula- In section two, the words “or

tions for facilitating the hearing “from any Admiralty or
appeals and other matters by · Vice-Admiralty Court,
the Judicial Committee of the and the words“ or the
Privy Council.

Lords Commissioners of
" Appeals in prize causes

or their surrogates.'
In section three, the words

" and the High Court of
“Admiralty of England,
and the words “and from
“any Admiralty or Vice-

“Aduniralty Court."
In section five, from the first

“the High Court of Admi-
“ralty to the end of the

section.
In section seven, the words.

"and from Admiralty or

“ Vice-Admiralty Courts."
Sections nine and ten, so far as

relates to maritime causes.
In section twelve, the words

“ or maritime.”
In section fifteen, the words
“and Admiralty and Vice-

Admiralty.”
& 8 Vict., c. 69.... An Act for amending an Act In section twelve, the words

passed in the fourth year of " and from Admiralty and
the reign of His late Majesty, Vice-Admiralty Courts,
intituled : “An Act for the and so much of the rest of
“better

administration of the section as relates to
* justice in His Majesty's maritime causes.
“Privy Council," and to ex-
tend its jurisdiction and

powers.
26 Vict., c. 24 .... The Vice-Admiralty Courts Act, The whole Act.

1863.

30 & 31 Vict., c. 45. . The Vice-Admiralty Courts Act The whole Act.

Amendment Act, 1867.
36 & 37 Vict., c. 59.. The Slave Trade (East African Sections four and five.

Courts) Act, 1873.
36 & 37 Vict., c. 88.. The Slave Trade Act, 1873....... Section twenty as far as re-

lates to the taxation of any
costs, charges, and expenses
which can be taxed in pur-

suance of this Act.
In section twenty-three, the
words “under the Vice-

Admiralty Courts Act,
“1863."

38 & 39 Vict., c. 51.. The Pacific Islanders Protection So much of section six as
Act, 1875.

authorizes Her Majesty to
confer Admiralty jurisdic-
tion on any court.

OTTAWA : Printed by Brown CHAMBERLIN, Law Printer (for Canada) to the

Queen's Most Excellent Majesty.

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