Admiralty Court Act 1840

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Admiralty Court Act 1840, brought into force to extend the judicial powers of the court of the Admiralty.

Content[edit]

Consisting of the following;

  • Whenever a vessel shall be arrested, etc., court to have jurisdiction over claims of mortgagees
  • Court to decide questions of title, etc.
  • The court in certain cases may adjudicate, etc.
  • Evidence may be taken viva voce in open court
  • Evidence may be taken viva voce before a commissioner
  • Attendance of witnesses and production of papers may be compelled by subpoena
  • Gaolers to receive prisoners committed by the Court of Admiralty or by Admiralty coroners
  • Prisoners in contempt may be discharged
  • Jurisdiction to try questions concerning booty of war
  • Jurisdiction of courts of law and equity not taken away[1]

The act was mentioned in articles concerning court proceedings dated 1973.[2] [3] Together with the Admiralty Court Acts 1861 the review of the law was specifically for the reason of a need for an increased number of shipping,salvage and collision hearings.[4] The Act was passed into law by the then Judge of the High Court of the Admiralty, Stephen Lushington.[dubious ] [5]

Viva voce

subpoena

Case summaries[edit]

Steamships Trading Company Ltd v Owners of the Ship ‘Samarai’ [1988] PGNC 99; [1988-89] PNGLR 80 (28 February 1989) [6]

See also[edit]

References[edit]

  1. ^ The University of Cape Town website (UCT)' Marine and Shipping Law [Retrieved 2011-11-27]
  2. ^ website showing description of proceedings of the Israeli Maritime Court Retrieved 2011-11-27
  3. ^ International and Comparative Law Quarterly (1974), 23 : pp 873-879 Copyright © British Institute of International and Comparative Law 1974 doi:10.1093/iclqaj/23.4.873 Published online: 17 January 2008
  4. ^ The National Archives Retrieved 2011-11-27 {see also: Battle of Sluys}
  5. ^ F. L. WiswallThe development of admiralty jurisdiction and practice since 1800: an English study with American comparisons 1970 Retrieved 2011-11-27
  6. ^ Pacific Island Legal Information InstituteThe PacLII Virtual Subject Library on Maritime Law Retrieved 2011-11-27