32 VICT. c. 11. An Act for amending the Law relating to the Coasting Trade and [13th May, 1869.] BE it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Preliminary. 1. This act may be cited as The Merchant Shipping (Colonial) Act, Short title. 1869." Definition of 2. In this act, unless the context otherwise requires,— The term "British possession" means any territory or place situate terms: within her Majesty's dominions, and not forming part of the "British posUnited Kingdom, or of the Channel Islands, or Isle of Man; and session;' all territories and places under one legislature as hereinafter defined are deemed to be one British possession for the purposes of this act: The term "legislature" includes any person or persons who exercise "Legislalegislative authority in the British possession, and where there are ture." local legislatures as well as a central legislature, means the central legislature only. 3. This act shall be proclaimed in every British possession by the Commencegovernor thereof as soon as may be after he receives notice of this act, and ment of act. shall come into operation in that British possession on the day of such proclamation, which day is hereinafter referred to as the commencement of this act. Coasting Trade. 4. After the commencement of this act the legislature of a British Regulation of possession, by any act or ordinance, from time to time, may regulate the coasting trade coasting trade of that British possession, subject in every case to the by colonial legislature. following conditions: (1.) The act or ordinance shall contain a suspending clause, providing that such act or ordinance shall not come into operation until her Majesty's pleasure thereon has been publicly signified in the British possession in which it has been passed. (2.) The act or ordinance shall treat all British ships (including the ships of any British possession) in exactly the same manner as ships of the British possession in which it is made. (3.) Where by treaty made before the passing of this act her Majesty has agreed to grant to any ships of any foreign state any rights or privileges in respect of the coasting trade of any British possession, such rights and privileges shall be enjoyed by such ships for so long as her Majesty has already agreed or may hereafter agree to grant the same, anything in the act or ordinance to the contrary notwithstanding. 5. The following sections of the Customs Consolidation Act, 1853, are hereby repealed; namely, Section three hundred and twenty-eight as from the commencement of this act: Section one hundred and sixty-three as from the date in the case of each British possession at which either an act or ordinance with respect to the coasting trade made within two years after the commence Sects. 328 and 163 of 16 & 17 Vict. c. 107, repealed. Registrars of British ships in British possessions. Application of Merchant Shipping Acts to Canada. Colonial certificates to master, mates and engineers. ment of this act in such British possession comes into operation, or if there is no such act or ordinance, at which the said two years expire (x). Merchant Shipping. 6. It shall be lawful for her Majesty, by order in council, from time to time to declare, with respect to the British possession mentioned in the order, the description of persons who are to be registrars of British ships in that British possession, and to revoke any order so made. After the date specified in the order, or, if no date is specified, after the date of the proclamation of the order in the British possession, the order shall have effect as if it were contained in section thirty of the Merchant Shipping Act, 1854 (y). 7. In the construction of the Merchant Shipping Act, 1854, and of the acts amending the same, Canada shall be deemed to be one British possession. 8. Where the legislature of any British possession provides for the examination of and grant of certificates of competency to persons intending to act as masters, mates, or engineers on board British ships, and the Board of Trade reports to her Majesty that they are satisfied that the examinations are so conducted as to be equally efficient as the examinations for the same purpose in the United Kingdom under the acts relating to merchant shipping, and that the certificates are granted on such principles as to show the like qualifications and competency as those granted under the said acts, and are liable to be forfeited for the like reasons and in the like manner, it shall be lawful for her Majesty, by order in council (z), 1. To declare that the said certificates shall be of the same force as if they had been granted under the said acts: 2. To declare that all or any of the provisions of the said acts which relate to certificates of competency granted under those acts shall apply to the certificates referred to in the said order: 3. To impose such conditions and to make such regulations with respect to the said certificates, and to the use, issue, delivery, cancellation, and suspension thereof, as to her Majesty may seem fit, and to impose penalties not exceeding fifty pounds for the breach of such conditions and regulations. Upon the publication in the London Gazette of any such order in council as last aforesaid, the provisions therein contained shall, from a date to be mentioned for the purpose in such order, take effect as if they had been contained in this act. It shall be lawful for her Majesty in council to revoke any order made under this section. 32 & 33 VICT. c. 51. An Act to amend the County Courts (Admiralty Jurisdiction) Act, BE it enacted by the Queen's most excellent Majesty, by and with the (x) The sections of the Customs Consolidation Act, 1853, mentioned in this section, have been again repealed by the Customs Laws Consolidation Act, 1876 (39 & 40 Vict. c. 36), s. 288. (y) See post, "Orders in Council." (2) For a list of orders in council, made under the provisions of this section, see post, "Orders in Council." this present Parliament assembled, and by the authority of the same, as follows: 1. This act may be cited as "The County Courts Admiralty Jurisdiction Short title. Amendment Act, 1869," and shall be read and interpreted as one act with the County Courts Admiralty Jurisdiction Act, 1868. 2. Any County Court appointed or to be appointed to have admiralty Extension of jurisdiction shall have jurisdiction, and all powers and authorities relating jurisdiction thereto, to try and determine the following causes: over ships and (1.) As to any claim arising out of any agreement made in relation to goods. claims of (2.) As to any cause in respect of any such claim or claims as aforesaid, If parties but in which the amount claimed is beyond the amount limited as agree, causes above mentioned, when the parties agree, by a memorandum in respect of signed by them or by their attorneys or agents, that any County Court having admiralty jurisdiction, and specified in the memorandum, shall have jurisdiction. higher amount may be determined by County Court. 3. The jurisdiction conferred by this act and by the County Courts Proceedings Admiralty Jurisdiction Act, 1868, may be exercised either by proceedings in rem or in in rem or by proceedings in personam (b). personam. 4. The third section of the County Courts Admiralty Jurisdiction Act, Amendment 1868, shall extend and apply to all claims for damage to ships, whether of sect. 3 of by collision or otherwise, when the amount claimed does not exceed three 31 & 32 Vict. hundred pounds (c). c. 71. mercantile 5. In any admiralty or maritime cause the judge may, if he think fit, As to appointor on the request of either party, be assisted by two mercantile assessors; ment of and all the provisions of the County Courts Admiralty Jurisdiction Act, 1868, with reference to nautical assessors, shall apply to the appointment, approval, summoning, and remuneration of such mercantile assessors. assessors. 6. The assessor of the Court of Passage of the borough of Liverpool Power of shall have power from time to time to make general rules and orders for assessor of regulating the practice and procedure of the admiralty and maritime Court of jurisdiction in the said Court, and for other purposes mentioned in section Passage to thirty-five of the County Courts Admiralty Jurisdiction Act, 1868; and any general rules and orders already made or hereafter to be made by the said assessor for any of the purposes aforesaid shall be of full force and effect as if the same had been made under this or the aforesaid act (d). make general rules and orders. 7. This act shall come into operation on the first day of September one Commencethousand eight hundred and sixty-nine. (a) See The Swan, L. R., 3 A. & E. 314; The Nuova Raffaelina, L. R., 3 A. & E. 483; Simpson v. Blues, L. R., 7 C. P. 290; The Cargo ex Argos, L. R., 3 A. & E. 568; L. R., 5 P. C. 134; L. R., 4 A. & E. 13; The Hewsons, L. R., 3 A. & E. 568; L. R., 5 P. C. 134; Gunnestad v. Price, and Fullmore v. Wait, L. R., 10 Ex. 65; The Chasca, L. R., 4 A. & E. 446. (b) See The Archimedes, Weekly Notes, 1870, p. 10. (c) See Everard v. Kendall, L. R., 5 C. P. 428; The Alexandria, L. R., 3 A. & E. 574; Flower v. Bradley, 44 L. J., Ex. 1; Purkis v. Flower, L. R., 9 Q. B. 114. (d) For the rules and orders now in force under the provisions of this section, see Supplement to Williams and Bruce's Admiralty Practice, p. 51. See also Passage Court Rules of December, 1876 (Charley's Judicature Act, p. 1057, ed. 1877). ment of act. Short title. Power to establish Court of Admiralty in Liverpool. Power to ap point registrar, clerks, and officers. Registrar, clerks and other officers to be appointed by judge. To hold office during good behaviour. Qualification of registrar. Registrar not to practise as attorney in his district. Powers of registrar. 33 & 34 VICT. c. 45. An Act for establishing a District Registrar of the High Court of WHEREAS a large proportion of the entire business now transacted in each And whereas it would tend to increase the despatch and to lessen the expense of Admiralty suits if a registry of the said High Court of Admiralty were established at Liverpool: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This act may be cited for all purposes as "The Liverpool Admiralty District Registrar's Act, 1870." 2. There shall be established in Liverpool a registry of the High Court of Admiralty, and it shall be lawful for her Majesty from time to time by Order in Council to fix the limits of such registry (e). 3. There shall be a registrar for such district (f), and such clerks and other officers as the judge of the High Court of Admiralty, with the concurrence of the Commissioners of her Majesty's Treasury, shall consider necessary, but no such registrar, clerk or other officer shall be entitled to claim any compensation in case his office shall at any time be abolished. 4. The Liverpool district registrar shall be appointed by the judge, with the approval of the Lord High Admiral of the United Kingdom of Great Britain and Ireland for the time being, or of the Lords Commissioners for executing the office of Lord High Admiral, as the case may be. Such clerks and other officers as aforesaid shall be appointed by the judge. 5. The Liverpool district registrar and such clerks and other officers as aforesaid may respectively be removed by the judge for inability or misbehaviour. 6. No person shall be appointed Liverpool district registrar unless he shall have been in practice as an advocate or barrister, proctor, attorney, or solicitor for a period of ten years. 7. It shall not be lawful for the Liverpool district registrar, during the time he shall hold and exercise his office, either directly or indirectly by himself, his partners, clerk, or other person, to practise in his district of the said court, either as barrister or as attorney originally retained or as agent for any other attorney, nor to participate in any costs payable to any attorney in respect of any business done or suit or matter instituted or prosecuted in the district registry; and the Liverpool district registrar being proved to the satisfaction of the said judge of the Court of Admiralty to have so practised, or to have participated in any costs as aforesaid, contrary to the meaning and intent of this act, shall be deemed to have committed and shall be punishable as and for a contempt of Court, and shall be liable to dismissal from his office. 8. The Liverpool district registrar shall have and exercise, in respect of any matter in his registry, all powers held or exercised by the registrar of (e) See post, "Orders in Council." (f) See the Judicature Act, 1873 (36 & 37 Vict. c. 66), s. 60; the Judicature Act, 1875 (38 & 39 Vict. c. 77), s. 13, and an Order in Council of the 12th of August, 1875, whereby the district registrar of the High Court of Admiralty at Liverpool, and the district prothonotary at Liverpool of the Common Pleas at Lancaster, are appointed joint district registrars of the High Court of Justice. the High Court of Admiralty of England, by virtue of this or of any former act or rule. 9. Any suit may be instituted,— 1. In the Liverpool district registry when the ship or property the Where suits to subject of the suit is at the time of the institution of the suit be instituted. within the district of such registry: 2. Or when the owner or owners of the ship or property, or the owner or owners of the larger number of shares in the ship, or the managing owner, or ship's husband, reside at the time of the institution of the suit within the district of such registry: 3. Or when the port of registry of the ship is within the district of such registry: 4. Or when the parties so agree by a memorandum signed by them or their attorneys or agents: Provided always, that when a suit has been instituted in the Liverpool district registry, no further suit shall be instituted against the same property in the principal registry without leave of the judge, and subject to such terms as to costs and otherwise as he may direct. 10. An appeal may be made to the High Court of Admiralty of Appeal. England from a final decree or order of the Liverpool district registrar, and by permission of the Liverpool district registrar or of the judge from any interlocutory decree or order therein, on security for costs being first given, and subject to such other provision as general orders shall direct. tical assessors. 11. On the trial of any Admiralty cause subsisting in the Liverpool Power to district registry, before the registrar of such district, it shall be lawful registrar to for such registrar, if he shall think fit, and he shall, upon the request of summon naueither party, summon to his assistance, in such manner as general orders shall direct, two nautical assessors, and such nautical assessors shall attend and assist accordingly. persons assessors to 12. The Liverpool district registrar shall from time to time frame a list List of of persons of nautical skill and experience, residing or having places of qualified to business within the district, to act as assessors in that district, to be act as nautical approved by the judge, before whom the same shall be laid by the Liver- be published pool district registrar, and without whose approval it shall have no inLondon validity, and shall cause the list, when so approved, to be published in Gazette." the London Gazette and in at least one Liverpool newspaper. 13. Any party to a suit or to an appeal, at any stage of such suit or Removal of appeal, may, by the leave of the Court and subject to such terms as to suits or appeal. costs or otherwise as the Court may direct, remove any such suit instituted or any such appeal pending in the principal registry to the Liverpool district registry, and any suit instituted or appeal pending in the Liverpool district registry to the principal registry. 14. A scale of costs and charges in Admiralty causes in the Liverpool Scale of costs district registry, and of fees to be taken in the Liverpool district registry, to be preshall be prescribed by general orders (g). scribed. 15. All fees received in the Liverpool district registry shall be applied Application in the first instance in the payment of such office expenses and salaries of of fees. the clerks employed therein, and in payment to the registrar of such remuneration in lieu of salary as may be determined by general orders; and all such fees shall be accounted for by the Liverpool district registrar. and the surplus, if any, paid over by him to the Commissioners of her Majesty's Treasury at such period and in such manner as the Commissioners may direct. (g) See Regulæ Generales, L. R., 3 A. & E. 619; and Rules of the Supreme Court (Costs). 4 X APPDX. |