[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.