Admiralty Court Act 1840
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| Act of Parliament | |
 | |
| Long title | An Act to improve the Practice and extend the Jurisdiction of the High Court of Admiralty of England. |
|---|---|
| Citation | 3 & 4 Vict. c. 65 |
| Dates | |
| Royal assent | 7 August 1840 |
| Other legislation | |
| Amended by | |
The Admiralty Court Act 1840 (3 & 4 Vict. c. 65) was an Act of the Parliament of the United Kingdom. It extended the jurisdiction of the High Court of Admiralty of England and Wales.
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[2]
The Act was mentioned in articles concerning court proceedings dated 1973.[3] [4] 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.[5] The Bill for the Act was supported by the then Judge of the High Court of Admiralty, Stephen Lushington.[6]
Case summaries
[edit]Steamships Trading Company Ltd v Owners of the Ship ‘Samarai’ [1988] PGNC 99; [1988-89] PNGLR 80 (28 February 1989) [7]
See also
[edit]References
[edit]- John Mounteney Lely. "The Admiralty Court, 1840". The Statutes of Practical Utility. (Chitty's Statutes). Fifth Edition. Sweet and Maxwell. Stevens and Sons. Chancery Lane, London. 1894. Volume 1. Title "Admiralty". Pages 1 to 6.
- ^ The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
- ^ The University of Cape Town website (UCT)' Marine and Shipping Law [Retrieved 2011-11-27]
- ^ website showing description of proceedings of the Israeli Maritime Court Retrieved 2011-11-27
- ^ 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
- ^ The National Archives Retrieved 2011-11-27 {see also: Battle of Sluys}
- ^ F L Wiswall. The Development of Admiralty Jurisdiction and Practice since 1800: An English Study with American Comparisons. 1970. Pages 40 and 41.
- ^ Pacific Island Legal Information InstituteThe PacLII Virtual Subject Library on Maritime Law Archived 22 March 2012 at the Wayback Machine Retrieved 2011-11-27