ON THE JURISDICTION AND PRACTICE OF THE Admiralty Division OF THE HIGH COURT OF JUSTICE, AND ON APPEALS THEREFROM, WITH A CHAPTER ON THE ADMIRALTY JURISDICTION OF THE WITH AN APPENDIX, CONTAINING STATUTES, RULES AS TO FEES AND COSTS, FORMS, PRECEDENTS OF PLEADINGS, AND OF BILLS OF COSTS. BY EDWARD STANLEY ROSCOE, BARRISTER-AT-LAW, OF THE NORTHERN CIRCUIT. BIBLIOTHECA MAY 1878 STEVENS AND SONS, 119, CHANCERY LANE, 1878. PREFACE. THE increase in the number of Admiralty actions of late years," both in the High Court and in the Inferior Courts, makes a work upon Admiralty Law and Practice a necessary volume among modern law books. It is now nearly ten years since Messrs. Williams and Bruce published their work on Admiralty Law and Practice; and since 1868, this branch of law has been further developed, and many changes have occurred in the practice of the courts. Mr. Coote's useful book deals almost entirely with matters of practice, and the last edition was issued before the passing of the Judicature Acts of 1873 and 1875. A new work, which deals concisely with Admiralty Law and Practice, seems, therefore, to be one the publication of which is well justified. As regards the law, I have tried to state the principles by which the Admiralty Courts are guided, and the extent of their jurisdiction, as concisely as possible, without discussing reasons or consequences, or points which are yet in doubt. As regards the practice of the High Court--since it is now, to a great extent, contained in the Orders and Rules which form the Schedule to the Judicature Act, 1875-I have taken these as the basis of this part of the work, and added to them, in the form of notes, such of the Admiralty Rules of 1859 as are still in force, and such remarks as E.g. in 1844, the amount of the fees taken in the Marshal's office was £733; in 1874, £2103. will, I hope, make it a succinct compendium of Admiralty practice. But no attempt has been made to crowd into its pages all the decisions of the other Divisions of the High Court upon the Judicature Orders and Rules, most of which are necessarily placed in this volume. Generally, I have thought it convenient, where it was possible, to give two references to each of the more modern decisions which are cited. A chapter on the Admiralty Jurisdiction of the Inferior and Vice-Admiralty Courts will, it is hoped, prove useful to many practitioners. This is almost wholly the work of Mr. James Williams, of the Northern Circuit, whom I should take this opportunity of thanking for the labour he has given to it, which has added much to any value which this book may possess. I am very much indebted to Mr. H. A. Bathurst, Deputy Registrar, and Mr. A. T. Rackham, Chief Clerk of the Admiralty Registry, for most kindly and constantly giving me their help in matters relating to the practice of the Court, without which I could not have had the same hope of the practical usefulness of this book. I have also to thank Mr. William Tarn Pritchard for furnishing me with numerous precedents, and several others who have given me help in various ways. 4, HARCOURT BUILDINGS, TEMPLE, March, 1878. E. S. R. |