Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

[350 THE JUDICIARY [PART VI in an Imperial Act. But the Order in Council may give authority to vary the rules there laid down in matters of detail or of local concern without requiring confirmation by Order in Council. Power is retained to the Crown by commission under the Court Seal to empower the Admiralty to establish in a British possession any Vice-Admiralty Court or Courts. The Admiralty if so empowered may appoint the judge and officers of the Court, and may vest in the Court the power which is conferred by the Act upon the Courts of that possession, and while the power is so vested the powers of the other Courts shall be suspended. But the power is limited with regard to British possessions having a represen- tative legislature to questions of jurisdiction in prize, the navy, the slave trade, matters dealt with in the Foreign Enlistment Act, 1870, or the Pacific Islanders Protection Acts, 1872 and 1875, and matters in which questions arise relating to treaties or conventions with foreign countries and to international law. From such Vice-Admiralty Courts appeal lies to the Queen in Council. Vice-Admiralty Courts shall be abolished by the Admiralty if the Queen by commission so directs. The Governor, however, of a British possession is still ex officio Vice-Admiral if no other person is appointed. S. 8 of the Act provides as follows with regard to droits of Admiralty and of the Crown — (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: t In the Canadian case of Attorney-General v. Flint, 16 8. C. R. 707, 3 N. 8. 453, it was held that the Canadian Parliament could legally impose duties and grant powers to a Vice-Admiralty Court, though not established under its aegis. Of course such an Act could have been disallowed had the Crown objected, of. Webb, Imperial Law in Victoria, p. 68. This fact is recognized in 53 & 54 Viet. ¢. 27, 5. 2(3). See also 57 & 58 Vict. c. 39. * In the Commonwealth the High Court has as yet not been invested with Admiralty jurisdiction, and the Governor-General is not Vice-Admiral. The Parliament can confer on it such jurisdiction, s. 76 (iii) of the Constitu- tion; apparently the jurisdiction would be limited by the Act of 1890, though Quick and Garran, p. 800, think not. Cf. 11 C. L. R. 689, at p. 715.

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