Court of Admiralty (Ireland) Act 1867
| Jurisdiction | UK Non-devolved |
| Citation | 1867 c. 114 |
| Year | 1867 |
Court of Admiralty(Ireland)Act, 1867.
(30 & 31 Vict.) C A P. CXIV.
An Act to extend the Jurisdiction, alter and amend the Procedure and Practice, and to regulate the Establishment of the Court of Admiralty inIreland .
[20th August 1867]
W HEREAS it is expedient to extend the Jurisdiction and alter and amend the Procedure and Practice of the High Court of Admiralty ofIreland; to alter the Mode of appealing therefrom; to regulate the Establishment of the Court, and to substitute Stamps for Court Fees therein:
Be it therefore 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 Short Title.
1. This Act may be cited as ‘TheCourt of Admiralty(Ireland )Act, 1867.’
2 Interpretation of Terms.
2. In the Interpretation and for the Purposes of this Act (if not inconsistent with the Context or Subject) the following Terms shall have the respective Meanings herein-after assigned to them; that is to say,
‘Ship’ shall include any Description of Vessel used in Navigation not exclusively propelled by Oars:
‘Cause’ shall include any Cause, Suit, Action, Matter, or other Proceeding in the Court of Admiralty ofIreland:
‘The Court of Admiralty’ shall mean the Court of Admiralty ofIreland:
‘The Judge’ shall mean the Judge of the said Court of Admiralty for the Time being:
‘Her Majesty in Council’ shall mean Her present Majesty, Her Heirs or Successors, in the Privy Council inEngland:
‘The Lord Chancellor’ shall mean and include the Lord High Chancellor, Lord Keeper, and Lords Commissioners for the Custody of the Great Seal ofIreland for the Time being:
‘Local Court’ shall mean and include the Court of the Recorder of the Borough ofCork , the Court of the Recorder of the Borough of Belfast , and the Court of any other Recorder, or of any Chairman of Quarter Sessions in Ireland , to whom Jurisdiction in Admiralty Cases shall be given by virtue of this Act.
3 Commencement of Act.
3. Except with respect to the Appointment of Officers, in which respect this Act shall take effect from its passing, this Act shall take effect from and immediately after the Second Day ofNovember One thousand eight hundred and sixty-seven (which Time is in this Act referred to as the Commencement of this Act).
4 Sects. 1., 2., & 3. of 23 & 24 G. 3. c. 14.\(Irish), and so much of Sect. 1. of 2 & 3 W. 4. c. 116. as relates toSalary of Judge of Admiralty Court of Ireland, and Sect. 14. of 20 & 21Vict. c. 79., repealed.
4. From and after the Commencement of this Act, the First, Second, and Third Sections of the Act passed by the Parliament ofIreland of the Twenty-third and Twenty-fourth Years of the Reign of King George the Third, Chapter Fourteen, and so much of the First Section of the Act of the Second and Third Years of the Reign of King William the Fourth, Chapter One hundred and sixteen, as relates to the Salary of the Judge of the Admiralty Court in Ireland , and the Fourteenth Section of ‘The Probates and Letters of Administration Act (Ireland ), 1857,’ shall be and the same are respectively hereby repealed.
5 Cesser of Offices.
5. From and after the Commencement of this Act, the present Judge, Registrar (if any), Marshal, and Seal Keeper of the High Court of Admiralty ofIreland shall cease to hold their respective Offices.
Part I.—Court and Officers.
6 One Judge and One Registrar of Court.
6. There shall be One Judge of the High Court of Admiralty ofIreland , and One Registrar, who shall also act as Seal Keeper and Secretary of the Judge, and One Marshal of the said Court.
7 Appointment of Judge.
7. It shall be lawful for Her Majesty, Her Heirs and Successors, from Time to Time, by Letters Patent under the Great Seal ofIreland ,to appoint a Person, being or having been an Advocate of the Court of Admiralty of Ireland or a Barrister-at-Law of not less than Fifteen Years Standing, to be such Judge; and the said Judge shall hold his Office during good Behaviour, but may be removed by Her Majesty, Her Heirs or Successors, on an Address of both Houses of Parliament; and the said Judge shall have full Power and Authority to hear and determine all manner of Civil, Maritime, and other Causes to the Jurisdiction of the said Court now belonging, and shall also have such Jurisdiction as is herein-after by this Act given to the said Court of Admiralty.
8 Judge before acting to take the following Oath.
8. Every Judge of the Court of Admiralty shall, before executing any of the Duties of his Office, take the following Oath, which the Lord Chancellor or the Master of the Rolls for the Time being is hereby respectively authorized and required to administer:
'IA.B. do solemnly and sincerely promise and swear, That I will duly and faithfully, and to the best of my Skill and Power, execute the Office of Judge of the High Court of Admiralty of Ireland. So help me GOD.'
9 Judge not to sit in Parliament or practise as anAdvocate or Barrister.
9. No Judge appointed under this Act shall during his Continuance in such Office be capable of being elected or sitting as a Member of the House of Commons, nor shall he during such Period practise as an Advocate or Barrister-at-Law.
10 Power to Lord Lieutenant to appoint Registrar and Marshal.
10. The Lord Lieutenant or other Chief Governor or Governors ofIreland may from Time to Time, by Warrant under his Hand, appoint a fit Person, being an Advocate, Barrister-at-Law, Proctor, Attorney, or Solicitor of Ten Years Standing, to be the Registrar of said Court, and also One other fit Person to be the Marshal of said Court; and the Persons so appointed shall hold their respective Offices by the same Tenure as Officers serving in an established Capacity in the permanent Civil Service of the State, but shall be removable by the Order of the Lord Chancellor, at the Instance of the Judge of the said Court of Admiralty, for some reasonable Cause to be expressed in the said Order.
11 Registrar to attend the Court of Appeal in Chancery.
11. The Registrar of the said Court of Admiralty shall attend the Hearing by the Court of Appeal in Chancery of all Appeals preferred thereto by virtue of this Act, and (subject to any Order of the said Court of Appeal in Chancery) shall transact and do all such Acts and Things as have heretofore been done by the Registrar of Appeals and Provocations Spiritual in the High Court of Delegates inIreland in Cases of Appeal to that Court from the said Court of Admiralty.
12 Officers not to execute their Duties by Deputy, exceptin case of Illness, &c.
12. From and after the Commencement of this Act, the Registrar and all other Officers of the said Court of Admiralty shall perform their Duties in Person, and not by Deputy, except in case of temporary Illness or other reasonable Cause allowed by the Judge: Provided always, that in case any Officer of the said Court of Admiralty shall be prevented by temporary Illness or other reasonable Cause allowed as aforesaid from attending to his Duties, the Judge may appoint a fit and proper Person to act as the Deputy of such Officer; and no such Deputy shall continue to act for any longer Time than shall be allowed and specified in and by the Order to be made on each such Occasion by the Judge; and all the Powers and Authorities of the Officer in whose Place any such Deputy shall be appointed may be exercised by such Deputy during the Time while he shall be so authorized to act as aforesaid.
13 No Officer of the Court to practisetherein.
13. No Registrar or other Officer of the said High Court of Admiralty, save the Marshal, nor any Clerk of said Court, shall, during the Time of his holding such Office, directly or indirectly, practise as an Advocate, Barrister, Proctor, Solicitor, or Attorney, or as Clerk to any Proctor, Solicitor, or Attorney, or participate in the Fees of any other Person so practising; and the Marshal of said Court shall not, directly or indirectly, practise therein, or participate in the Fees of any other Person so practising.
14 Power to Judge to appoint Chief Clerk to Registrarand other Clerks.
14. It shall be lawful for the Judge of the said Court of Admiralty, with the Approval of the Commissioners of Her Majesty's Treasury, to appoint a Chief Clerk to assist in the Duties of the Registrar's Office, and such other Clerk or Clerks as may be necessary for the Business of the said Court, and such Chief Clerk, Clerk or Clerks, shall hold their respective Offices by the same Tenure as Officers serving in an established Capacity in the permanent Civil Service of the State, but shall be removable by the Order of the Judge of the said Court, with the Concurrence of the Lord Chancellor, for some reasonable Cause to be stated in the said Order.
15 Crier, Tipstaff, and Servants.
15. It shall be lawful for the Judge of the said Court of Admiralty from Time to Time to appoint a Crier and Tipstaff to be attached to the said Court, and, with the Approval of the Commissioners of Her Majesty's...
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