Full text: Responsible government in the Dominions (Vol. 3)

CHAPTER II 
ADMIRALTY JURISDICTION 
ApMIRALTY jurisdiction! in civil matters has been simplified 
and extended by the Colonial Courts of Admiralty Act, 1890.2 
under s. 2 of which every Court of law in a British possession 
which is for the time being declared to be a Court of Admiralty 
and which has therein original unlimited civil jurisdiction 
shall be a Court of Admiralty, and for the purposes of this 
Admiralty jurisdiction exercise all the powers which are 
possessed in its ordinary jurisdiction. The jurisdiction of 
a Colonial Court of Admiralty is assimilated by the Act to 
the Admiralty jurisdiction of the High Court in England, 
and the Colonial Court of Admiralty may exercise such 
jurisdiction in like manner and to as full an extent as the 
High Court in England, and shall have the same regard as 
that Court to international law and the comity of nations. 
Any references to Vice-Admiralty Courts in Imperial or 
Colonial enactments are to apply to Colonial Courts of 
Admiralty, with the necessary changes of terminology, but 
the jurisdiction under the Naval Prize Act, 1864, and under 
the Slave Trade Act, 1873, which is conferred exclusively on 
the High Court of Admiralty or the High Court of Justice, 
a8 distinet from the Vice-Admiralty Courts. shall not be 
! Under this head will also be treated jurisdiction conferred by Imperial 
Acts in other matters not technically Admiralty jurisdiction. Cf. Quick 
and Garran, Constitution of Commonwealth, pp. 797 seq. 
* As regards criminal offences the Admiralty Offences (Colonial) Act, 1849, 
rules the position ; the Act of 1890 was intended to simplify and extend 
the civil jurisdiction of Colonial Courts, and to supersede the Imperial 
Vice-Admiralty Courts already existing, which were regulated by the Acts 
26 & 27 Vict. c¢. 24 and 30 & 31 Vict. c. 45. Cf. Barton v. The Queen, 
2 Moo. P. Ct. 19; Rolet v. The Queen, 1 P. C. 198. Piracy is justiciable by 
the Colonial Courts also by international law, and see Forsyth, Causes and 
Npinions on Constitutional Law, pp. 90-118.
	        
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