Admiralty Court Act 1840

Admiralty Court Act 1840, brought into force to extend the judicial powers of the court of the Admiralty of England and Wales.

Content

Consisting of the following;

  • Whenever a vessel shall be arrested, etc., court to have jurisdiction over claims of mortgagees
  • Court to decide questions of title, etc.
  • The court in certain cases may adjudicate, etc.
  • Evidence may be taken viva voce in open court
  • Evidence may be taken viva voce before a commissioner
  • Attendance of witnesses and production of papers may be compelled by subpoena
  • Gaolers to receive prisoners committed by the Court of Admiralty or by Admiralty coroners
  • Prisoners in contempt may be discharged
  • Jurisdiction to try questions concerning booty of war
  • Jurisdiction of courts of law and equity not taken away[1]

The act was mentioned in articles concerning court proceedings dated 1973.[2] [3] Together with the Admiralty Court Acts 1861 the review of the law was specifically for the reason of a need for an increased number of shipping,salvage and collision hearings.[4] The Act was passed into law by the then Judge of the High Court of the Admiralty, Stephen Lushington. [5]

Viva voce

subpoena

Case summaries

Steamships Trading Company Ltd v Owners of the Ship ‘Samarai’ [1988] PGNC 99; [1988-89] PNGLR 80 (28 February 1989) [6]

See also

References
  1. The University of Cape Town website (UCT)' Marine and Shipping Law [Retrieved 2011-11-27]
  2. website showing description of proceedings of the Israeli Maritime Court Retrieved 2011-11-27
  3. International and Comparative Law Quarterly (1974), 23 : pp 873-879 Copyright © British Institute of International and Comparative Law 1974 doi:10.1093/iclqaj/23.4.873 Published online: 17 January 2008
  4. The National Archives Retrieved 2011-11-27 {see also: Battle of Sluys}
  5. F. L. WiswallThe development of admiralty jurisdiction and practice since 1800: an English study with American comparisons 1970 Retrieved 2011-11-27
  6. Pacific Island Legal Information InstituteThe PacLII Virtual Subject Library on Maritime Law Archived 22 March 2012 at the Wayback Machine Retrieved 2011-11-27
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