ADMIRALTY
JURISDICTION
85
judge purported to confer on him a far ampler jurisdic- the nautical assessors from the Trinity House, the great intion than the jealousy of the other courts would crease of shipping, especially of steam shipping, and the Judge’s concecle to him. The patent of the last judge number and gravity of cases of collision, salvage, and dampatent. o£ ^e court, Sir Eobert Joseph Phillimore, age to cargo, restored the activity of the court and made it dated 23rd August 1867, styles him “Lieut. Off1. Princ1. one of the most important tribunals of the country. In and Commissary Gen1, and Special in our High Court of 1875, by the operation of the Judicature Acts of 1873 and Admiralty of Eng. and President and Judge of the same,” 1875, the High Court of Admiralty was with the other great and gives to him power to take cognizance of “ all causes, courts of England formed into the High Court of Justice. civil and maritime, also all contracts, complaints, offences The principal officers of the court in subordination to or suspected offences, crimes, pleas, debts, exchanges, the judge were the registrar (an office which always accounts, policies of assurance, loading of ships, and all points to a connexion with canon or civil law), and the other matters and contracts which relate to freight due marshal, who acted as the maritime sheriff, having for for the use of ships, transportation, money, or bottomry; his baton of office a silver oar. The assistance of the also all suits civil and maritime between merchants or Trinity Masters, which has been already mentioned, was between proprietors of ships and other vessels for provided for in the charter of incorporation of the Trinity matters in, upon, or by the sea, or public streams, or House. These officers and their assistance have been prefresh-water ports, rivers, nooks, and places overflown served in the High Court of Justice. See Sir Travers Twiss. Black Boole of the Admiralty. Rolls whatsoever within the ebbing and flowing of the sea and Select Pleas in the Court of Admiralty, high-jvater mark, or upon any of the shores or banks series.—Marsden. published by the Selden Society.—Godolphin. View of the Adadjacent from any of the first bridges towards the sea miral Jurisdiction. (w. G. F. P.) through England and Ireland and the dominions thereof, Admiralty Jurisdiction.—The courts by or elsewhere beyond the seas.” Power is also given to hear appeals from vice-admirals; also “ to arrest . . . which, as far as we know, Admiralty jurisdiction in civil according to the civil laws and ancient customs of our matters was first exercised were the following. In and high court ... all ships, persons, things, goods, wares, throughout England the courts of the several admirals soon and merchandise ” ; also “ to enquire by the oaths of honest combined into one High Court of Admiralty. Within the and lawful men . . . of all . . . things which . . . ought territories of the Cinque Ports the Court of Admiralty of to be enquired after, and to mulct, arrest, punish, chastise, the Cinque Ports exercised a co-ordinate jurisdiction. In and reform ”; also “ to preserve the public streams of our certain towns and places there were local courts of ViceAdmiralty as well for the preservation of our royal navy, Admiralty. In Scotland there existed the Scottish High and of the fleets and vessels of our kingdom ... as of Court of Admiralty, in Ireland the Irish High Court of whatsoever fishes increasing in the rivers also “ to reform Admiralty. Of these courts that of the Cinque Ports nets too straight and other unlawful engines and instru- alone remains untouched. The Scottish court was abments whatsoever for the catching of fishes ” •, also to take sorbed, and its jurisdiction given to the Court of Session cognizance “of the wreck of the sea . . . and of the by 11 Geo. IV. and 1 Will. IV. c. 69—not, however, till a death, drowning, and view of dead bodies,” and the con- decision given by it and the appeal therefrom to the servation of the statutes concerning wreck of the sea and House of Lords had established a remarkable rule of the office of coroner [3 and 4 Edw. I.], and concerning Admiralty law in cases of collision {Hay v. Le Neve, 1824, pillages [27 Edw. III.], and “the cognizance of mayhem” 2 Shaw, Sc. App. Cas. 395). The local Vice-Admiralty within the ebb and flow of the tide; all in as ample Courts in England had ceased to do much work when manner and form as they were enjoyed by Dr David they were abolished by the Municipal Corporations Act, Lewis [judge from 1558-84], Sir Julius Caesar, and the 1835 ; the High Court became, with the other superior other judges in order (22 in all) before Sir Eobert Philli- courts, a component part of the High Court of Justice by more. This form of patent differs in but few respects virtue of the Judicature Acts, 1873 and 1875. And the from the earlier Latin patents—tempore Henry VIII.— Irish court has in like manner become a part of the High Court of Justice in Ireland by the Judicature Act except that they have a clause non obstantibus statutis. As has been said, however, the contention of the for that country. Common Law judges prevailed, and the Admiralty Court As England first, and Great Britain afterwards, acquired (except during a temporary revival under Crom- colonies and possessions beyond seas, Vice - Admiralty Modem we]]) sanp into comparative insignificance during Courts were established. The earliest known ; . V ce progress. The great maritime wars of century. was that in Jamaica, established in the year Admiralty Some Vice - Admiralty Courts which Courts. the 18th century gave scope to the exercise of its prize 1662. jurisdiction; and its international importance as a prize were created for prize purposes in the last century were court in the latter half of the 18th and the first part of suffered to expire after 1815. In the year 1863, when the 19th centuries is a matter of common historical know- the Act regulating the Vice-Admiralty Courts was passed, there were Vice-Admiralty Courts at Antigua, Bahamas, ledge. There were other great judges; but Sir William Scott, Barbadoes, Bermuda, British Columbia, British Guiana, afterwards Lord Stowell, is the most famous. Before his British Honduras, Cape of Good Hope, Ceylon, Dominica, time there were no reports of admiralty cases, except Hay Falkland Islands, Gambia Eiver, Gibraltar, Gold Coast, and Marriott’s prize decisions. But from his time on- Grenada, Hong Kong, Jamaica, Labuan, Lagos, Lower wards there has been a continuous stream of Admiralty Canada (otherwise Quebec), Malta, Mauritius, Montserrat, Eeports, and we begin to find important cases decided on Natal, Nevis, New Brunswick, Newfoundland, New South Wales, New Zealand, Nova Scotia (otherwise Halifax), the instance as well as on the prize side. In the reign of Queen Victoria, two enabling statutes, Prince Edward Island, Queensland, Saint Christopher, 3 and 4 Viet. c. 65 and 24 Viet. c. 10, were passed and Saint Helena, Saint Lucia, Saint Vincent, Sierra Leone, greatly enlarged the jurisdiction of the court. The manner South Australia, Tasmania, Tobago, Trinidad, Vancouver’s in which these statutes were administered by Dr. Lushing- Island, Victoria, Virgin Islands (otherwise Tortola), ton and Sir E. Phillimore, whose tenure of office covered the Western Australia. By the Act of 1867 one for the whole period of the Queen’s reign till the creation of the Straits Settlements was added. These courts have been High Court of Justice, the valuable assistance rendered by regulated from time to time by the following statutes :
