COLONIAL COURTS OF ADMIRALTY ACT, 1890
This Act may be cited as The Colonial Courts of Admiralty Act, 1890.
(1) Every Court of law in a British possession, which is for the time being declared in pursuance of this Act to be a Court of Admiralty, on which, if no such declaration is in force in the possession, has therein original unlimited civil jurisdiction, shall be a Court of Admiralty, with the jurisdiction in this Act mentioned, and may for the purpose of that jurisdiction, exercise all the powers which it possesses for the purpose of its other civil jurisdiction and such Court in reference to the jurisdiction conferred by this Act is in this Act referred to as a Colonial Court of Admiralty. Where in a British possession the Governor is the sole judicial authority the expression "Court of law" for the purposes of this section includes such Governor.
(2) The jurisdiction of a Colonial Court of Admiralty shall, subject to the provisions of this Act, be over the like places, persons, m
The legislature of a British possession may by any Colonial law:--
(a) declare any Court of unlimited civil jurisdiction, whether original or appellate, in that possession to be a Colonial Court of Admiralty, and provide for the exercise by such Court of its jurisdiction under this Act, and limit territorially, or otherwise, the extent of such jurisdiction; and
(b) confer upon any inferior or subordinate Court in that possession such partial or limited Admiralty jurisdiction under such regulations and with such appeal (if any) as may seem fit:
Provided that any such Colonial law shall not confer any jurisdiction which is not by this Act conferred upon a Colonial Court of Admiralty.
Every Colonial law which is made in pursuance of this Act, or affects the jurisdiction of or practice or procedure in any Court of such possession in respect of the jurisdiction conferred by this Act, or alters any such Colonial law as above in this section mentioned, which has been previously passed, shall unless previously approved by Her Majesty through a Secretary of State, either be reserved for the signification of Her Majesty's pleasure thereon, or contain a suspending clause providing that such law shall not come into operation until Her Majesty's pleasure thereon has been publicly signified in the British possession in which it has been passed.
1[This section shall not apply to Indian laws2[* *].]
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1. Inserted by A. O. (P).
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Section 4 of the Colonial Courts of Admiralty Act, 1890, plays a pivotal role in defining the scope and limitations of colonial laws concerning admiralty jurisdiction. It ensures that colonial legislation aligns with the overarching framework established by the Act and secures Her Majesty's approval for laws affecting admiralty jurisdiction within colonies.
Section 4 stipulates that every colonial law made under the Act, or affecting the jurisdiction, practice, or procedure of courts exercising admiralty jurisdiction in colonies, must be reserved for Her Majesty's assent. This provision acts as a safeguard to maintain imperial oversight over colonial maritime laws.
The section applies to all colonial laws that are enacted in pursuance of the Act or influence the jurisdiction or procedural aspects of admiralty courts within colonies. It ensures that such laws do not operate without imperial approval, thereby maintaining uniformity and control over maritime jurisdiction.
The Act does not specify explicit penalties for non-compliance with Section 4. However, laws enacted without Her Majesty's assent or contrary to this provision could be deemed invalid or subject to legal challenge, emphasizing the importance of adherence to the reservation process.
Note: The analysis is based on the available sources, primarily focusing on the provisions and implications of Section 4 as described in the Indian Kanoon and UK legislation references.
Subject to rules of Court under this Act, judgments of a Court in a British possession given or made in the exercise of the jurisdiction conferred on it by this Act, shall be subject to the like local appeal, if any, as judgment of the Court in the exercise of its ordinary civil jurisdiction, and the Court having cognizance of such appeal shall for the purpose thereof possess all the jurisdiction by this Act conferred upon a Colonial Court of Admiralty.
(1) The appeal from a judgment of any Court in a British possession in the exercise of the jurisdiction conferred by this Act either where there is as of right no local appeal or after a decision on local appeal, lies to Her Majesty the Queen in Council.
(2) Save as may be otherwise specially allowed in a particular case by Her Majesty the Queen in Council, an appeal under this section shall not be allowed--
(a) from any judgment not having the effect of a definitive judgment unless the Court appealed from has given leave for such appeal, nor
(b) from any judgment unless the petition of appeal has been lodged within the time prescribed by rules, or if no time is prescribed within six months from the date of the judgment appealed against, or if leave to appeal has been given then from the da
(1) Rules of Court for regulating the procedure and practice (including fees and costs) in a Court in a British possession in the exercise of the jurisdiction conferred by this Act, whether original or appellate, may be made by the same authority and in the same manner as rules touching the practice, procedure, fees, and costs in the said Court in the exercise of its oridinary civil jurisdiction respectively are made :
Provided that the rules under this section shall not, save as provided by this Act, extend to matters relating to the slave trade, and shall not (save as provided by this section) come into operation until they have been approved by Her Majesty in Council, but on coming into operation shall have full effect as if enacted in this Act, and any enactment inconsistent therewith shall, so far as it is so inconsistent, be repealed.
(1) Subject to the provisions of this section nothing in this Act shall alter the application of any droits of Admiralty or droits of or forfeitures to the Crown in a British possession; and such droits and forefeitures, when condemned by a Court of a British possession in the exercise of the jurisdiction conferred by this Act, shall, save as is otherwise provided by any other Act, be notified, accounted for and dealt with in such manner as the Treasury from time to time direct, and the officers of every Colonial Court of Admiralty and of every other Court in a British possession exercising Admiralty jurisdiction shall obey such directions in respect of the said droits and forefeifures as may be from time to time given by the Treasury.
(2) It shall be lawful for Her Majesty the Queen in Council by order to direct that, subject to any conditions, exceptions, reservations, and regul
(1)It shall be lawful for Her Majesty, by commission under the Great Seal, to empower the Admiralty to establish in a British possession any Vice-Admiralty Court or Courts.
(2)Upon the establishment of a Vice-Admiralty Court in a British possession, the Admiralty, by writing under their hands and the seal of the office of Admiralty, in such form as the Admiralty direct, may appoint a Judge, registrar, marshal, and other officers of the Court, and may cancel any such appointment; and in addition to any other jurisdiction of such Court, may (subject to the limits imposed by this Act or the said commission from Her Majesty) vest in such Court the whole or any part of the jurisdiction by or by virtue of this Act conferred upon any courts of that British possession, and may vary or revoke such vesting, and while such vesting is in force the power of such last mentioned Courts to exercis
Nothing in this Act shall affect any power of appointing a vice-admiral in and for any, British possession or any place therein; and whenever there is not a formally appointed vice-admiral in a British possession or any place therein, the Governor of the possession shall be ex officio vice-admiral thereof.
(1) The provisions of this Act with respect to Colonial Courts of Admiralty shall not apply to the Channel Islands.
(2) It shall be lawful for the Queen in Council by order to declare, with respect to any British possession which has not a representative legislature, that the jurisdiction conferred by this Act on Colonial Courts of Admiralty shall not be vested in any Court of such possession, or shall be Vested only to the partial or limited extent specified in the Order.
It shall be lawful for Her Majesty the Queen in Council by Order to direct that this Act shall, subject to the conditions, exceptions, and qualifications (if any) contained in the Order, 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.
(1) It shall be lawful for Her Majesty the Queen in Council by Order to make rules as to the practice and procedure0 (including fees and costs) to be observed in and the 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 African Courts as defined by the Slave Trade (East African 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 Courts 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 juri
It shall be lawful for Her Majesty in Council from time to time to make Orders for the purposes authorised 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.
In the construction of this Act, unless the context otherwise requires--
The expression "representative legislature" means, in relation 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.
The express
(1) This Act shall, save as otherwise in this 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
(b) 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 A
On the commencement of this Act in any British possession, but subject to the provisions of this Act, every Vice-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 been 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 may be in like manner as if this Act had not been 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 Admiralty of the possession in manner directed by rules of Court, and, so far as no such r
The Acts specified in 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 commencement of this Act in that possession, and as respects any court 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 commencement 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 completed and carried into effect as if such repeal had not been enacted; and
(b) 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-Ad
FIRST SCHEDULE
SECTION 16. BRITISH POSSESSIONS IN WHICH OPERATION OF ACT IS DELAYED
New South Wales
Victoria
St. Helena
British Honduras
SECOND SCHEDULE
SECTION 18. ENACTMENTS REPEALED
SESSION AND CHAPTER TITLE OF ACT EXTENT OF REPEAL
56 Geo. 3, c. 82 An Act to render valid the judicial Acts of Surrogates of Vice-Admiralty Courts abroad, during vacancies in office of Judges of such Courts. The whole Act.
2&3 Will. 4, c. 51 An Act to regulate the practice and the fees in the Vice-Admiralty Courts abroad, and to obviate doubts as to their jurisdiction. The whole Act.
3 & 4 Will. 4, c. 41 An Act for the better administration of justice in His Majesty's Privy Council. Section 2.
6 & 7 Vict., c. 38 An Act
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