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

CHAP. IT] ADMIRALTY J URISDICTION 1351 
and such droits and forfeitures, when condemned by a Court 
of a British possession in the exercise of the jurisdiction con- 
ferred 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 forfeitures as may be from time to time given by 
she 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 regulations contained in the 
Order, the said droits and forfeitures condemned by a Court 
in a British possession shall form part of the revenues of that 
possession either for ever or for such limited term or subject 
fo such revocation as may be specified in the Order. 
(8) If and so long as any of such droits or forfeitures by 
virtue of this or any other Act form part of the revenues of 
the said possession, the same shall, subject to the provisions 
of any law for the time being applicable thereto, be notified, 
accounted for, and dealt with in manner indicated by the 
Government of the possession, and the Treasury shall not 
have any power in relation thereto. 
The Act was at once adopted in all the Dominions! with 
the exception of New South Wales and Victoria, which 
preferred in 1890 to retain the old Vice-Admiralty Courts 
established therein. New South Wales and Victoria fol- 
lowed suit in 1911 under an Order in Council of May 4. 
There was no clear advantage in the retention of these 
Courts, for the powers conferred on the Colonial Court 
of Admiralty are amply sufficient for all purposes, and 
the procedure of the Vice-Admiralty Courts is more compli- 
cated than that elsewhere in force. In the case of the 
Commonwealth the Admiralty jurisdiction of the State 
Courts is still vested in them, for the Commonwealth High 
! For Canada cf. House of Commons Debates, 1910-1, pp. 2218 seq. ; 
L891, pp. 1417 seq. Canada had in 1877 established a Maritime Court 
lor Ontario and Quebec (40 Vict. ¢. 21) with jurisdiction in civil cases 
‘excluding prize, revenue, piracy, and navy, &e.) extending to the great 
iakes, and its legality was asserted in McCuaig & Smith v. Keith. 4 
8. C. R 848
	        
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