An Act to provide for the exercise of Admiralty Jurisdiction within Canada, in accordance with "The Colonial Courts of Admiralty Act, 1890." [Assented to 31st July, 1891.] WHEREAS by the third section of the Act of the Parlia- Preamble. ment of the United Kingdom, passed in the session held in the fifty-third and fifty-fourth years of Her Majesty's reign, Short title. Interpretation. Exchequer 2 of Admiralty: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. This Act may be cited as "The Admiralty Act, 1891." 2. In this Act the expression "the Exchequer Court," or "the court," means the Exchequer Court of Canada. 3. In pursuance of the powers given by " The Colonial Courts Court Cost of Admiralty Act, 1890," aforesaid, or otherwise in any manner of Admiralty. vested in the Parliament of Canada, it is enacted and declared that the Exchequer Court of Canada is and shall be, within Canada, a Colonial Court of Admiralty, and as a Court of Admiralty shall, within Canada, have and exercise all the jurisdiction, powers and authority conferred by the said Act and by this Act. Jurisdiction. Admiralty districts and registries. Local judges in admiralty. Oath of office. 4. Such jurisdiction, powers and authority shall be exercisable and exercised by the Exchequer Court throughout Canada, and the waters thereof, whether tidal or non-tidal, or naturally navigable or artificially made so, and all persons shall, as well in such parts of Canada as have heretofore been beyond the reach of the process of any Vice-Admiralty Court, as elsewhere therein, have all rights and remedies in all matters, (including cases of contract and tort and proceedings in rem and in personam), arising out of or connected with navigation, shipping, trade or commerce, which may be had or enforced in any Colonial Court of Admiralty under "The Colonial Courts of Admiralty Act, 1890." 5. The Governor in Council may, from time to time, constitute any part of Canada an Admiralty district for the purposes of this Act, and fix the limits thereof, and provide for the establishment at some place therein of a registry of the Exchequer Court on its Admiralty side. 2. The Governor in Council may also, from time to time, change the limits of any Admiralty district, create new districts, and assign to any district a name and place of registry. 6. The Governor in Council may, from time to time, appoint any judge of a Superior or County Court, or any barrister of not less than seven years' standing, to be a local judge in Admiralty of the Exchequer Court in and for any Admiralty district; and every such local judge of Admiralty shall hold office during good behaviour, but shall be removable by the Governor General on address of the Senate and House of Commons; and such judge shall be designated a local judge in Admiralty of the Exchequer Court. 7. Every such local judge in Admiralty shall, previously to his entering on the duties of his office, take, before the judge 3 of the Exchequer Court or a judge of any Superior Court, an oath in the form following, that is to say : "I, do solemnly and sincerely swear that I will duly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as local judge in Admiralty in and for the Admiralty district of (as the case may be). So help me God." 8. The Governor in Council may, from time to time, appoint Officers of for any district a registrar, a marshal and such other officers court. and clerks as are necessary. 9. Every local judge in Admiralty shall, within the Ad- Powers of miralty district for which he is appointed, have and exercise local judges, the jurisdiction, and the powers and authority relating thereto, of the judge of the Exchequer Court in respect of the admiralty jurisdiction of such court. 10. A local judge in Admiralty may, from time to time, Deputy with the approval of the Governor in Council, appoint a deputy judges, judge, and such deputy judge shall have and exercise all such jurisdiction, powers and authority as are possessed by the local judge. office. 2. The appointment of a deputy judge shall not be deter- Tenure of mined by the occurrence of a vacancy in the office of the judge. 3. A local judge in Admiralty may, with the approval of the Governor in Council, at any time revoke the appointment of a deputy judge. 11. The Governor in Council may, from time to time, Surrogate appoint, for any district or portion of a district, a surrogate judges. judge or judges; and such surrogate judge shall have such jurisdiction, powers and authority, and be paid such fees, as are, from time to time, prescribed by general rules or orders. 2. A surrogate judge shall hold office during pleasure; and Tenure of his appointment shall not be determined by the occurrence of office. a vacancy in the office of the local judge of his district. 12. Every deputy and surrogate judge shall, previously to Oaths. entering on the duties of office, take, before the judge of the Exchequer Court, or the judge of any Superior Court, an oath similar in form to that to be taken by a local judge. 13. Any suit may be instituted in any district registry Where suits when (a.) The ship or property, the subject of the suit, is at the time of the institution of the suit within the district of such registry; (b.) 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 the ship's husband reside at the time may be insti tuted. 4 Proviso. Appeal. Removal of suit. Fees, &c. Provisional districts and registries. of the institution of the suit within the district of such registry; (c.) The port of registry of the ship is within the district of such registry; or (d.) The parties so agree by a memorandum signed by them or by their attorneys or agents: Provided always, that when a suit has been instituted in any registry, no further suit shall be instituted in respect of the same matter in any other registry of the court, without leave of the judge of the court, and subject to such terms, as to costs and otherwise, as he directs. 14. An appeal may be made to the Exchequer Court from any final judgment, decree or order of any local judge in Admiralty, and, with the permission of such local judge or of the judge of the Exchequer Court, from any interlocutory decree or order therein, on security for costs being first given, and subject to such other provisions as are prescribed by general rules or orders. 2. An appeal may however be made direct to the Supreme Court of Canada from any final judgment, decree or order of a local judge, subject to the provisions of "The Exchequer Court Act" regarding appeals. 15. Any party to a suit or to an appeal may, at any stage of such suit or appeal, by leave of the court, and subject to such terms as to costs or otherwise as the court directs, remove any suit instituted or appeal pending in any registry to any other registry. 16. A scale of costs and charges in Admiralty causes in the district registries of the court, and fees to be taken in such registries, shall be prescribed by general rules or orders. 17. Until otherwise provided by the Governor in Council, the following Provinces shall each constitute an Admiralty district, for the purposes of this Act, and a registry of the Exchequer Court on its Admiralty side shall be established and maintained within such districts at the places following, that is (a.) The Province of Quebec shall constitute the district of Quebec, with a registry at the city of Quebec; (b.) The Province of Nova Scotia shall constitute the district of Nova Scotia, with a registry at the city of Halifax ; (c.) The Province of New Brunswick shall constitute the district of New Brunswick, with a registry at the city of St. John; (d) The Province of Prince Edward Island shall constitute the district of Prince Edward Island, with a registry at the city of Charlottetown; and 5 (e.) The Province of British Columbia shall constitute the district of British Columbia, with a registry at the city of Victoria. trict. 18. Until otherwise provided by the Governor in Council, Toronto dis there shall be a registry of the Exchequer Court on its Admiralty side at the city of Toronto, and the Governor in Council may, from time to time, fix the limits of such registry, which shall be known as "The Toronto Admiralty District." miralty 19. Every person who, at the coming into force of "The As to judges Colonial Courts of Admiralty Act, 1890," holds in Canada the of Vice-Adoffice of judge of a Vice-Admiralty Court, shall, until his death, Courts. resignation or removal from such office or from the office by virtue of which he is such judge of a Vice-Admiralty Court, or until an arrangement is made with him under the seventeenth section of the Act last mentioned, have and exercise, within the Admiralty district corresponding to the limits of his former jurisdiction as such judge of a Court of ViceAdmiralty, all the jurisdiction, powers and authority of a local judge in Admiralty. Maritime 20. The judge of the Maritime Court of Ontario shall, in As to judge of like manner and for a like time, have and exercise within the Court of OnToronto Admiralty district all the jurisdiction, powers and tario. authority of a local judge in Admiralty. of Vice-Ad 21. Every person who, at the coming into force of "The As to officers Colonial Courts of Admiralty Act, 1890," is a registrar, marshal miralty or other officer of a Vice-Admiralty Court in Canada, shall, Courts. during the pleasure of the Governor in Council, and within the Admiralty district corresponding to the limits of the jurisdiction of such Vice-Admiralty Court, have and exercise the like office in the Exchequer Court in respect of its Admiralty jurisdiction, and shall, subject to any general rule or order, have the like powers and authority, and perform the like duties, as he might have had or performed, as such registrar, marshal or other officer of a Vice-Admiralty Court. and marshal 22. The registrar and marshal of the Maritime Court of As to registra Ontario shall, during the pleasure of the Governor in Council, of Maritime be the registrar and marshal, respectively, of the Toronto Court of OnAdmiralty district. tario. Court of On 23. On the coming into force of this Act, the Maritime Maritime Court of Ontario shall be abolished, but subject to the following tario abolishprovisions : (1). All judgments of such court shall be executed and may be appealed from in like manner as if this Act had not been passed, and all appeals from such court pending at the commencement of this Act shall be heard and determined and the 29-2 ed. |