ERRATA AND ADDENDA. Page 740, after line twenty from foot of page, make the following addition :—“It is vide as follows:- Any person entitled to inspect any instrument or document in Page 752, In Brown v. The Alina (Weekly Notes, March 6th, 1880, at p. 34),-the Court of Appeal, following the Cargo ex Argos, L. R. 5 P. C. 134, held that the County Court has jurisdiction under 32 & 33 Viet., c. 51, s. 2, to entertain an action, in rem, for breach of a charter party, though the High Court (P. D. and A. Div.), has not original jurisdic- A COMPLETE MANUAL OF COUNTY COURT PRACTICE. PART II. BOOK IV. JURISDICTION AND PROCEEDINGS IN ADMIRALTY CHAPTER I. THE CONSTITUTION AND OFFICERS OF COUNTY COURTS IN ADMIRALTY. Courts in PREVIOUSLY to the year 1868, the statutory County Courts Jurisdiction which (as we have seen (a)) were established in the year 1846, of County had, under "The Merchant Shipping Acts" of 1852 and 1862, Admiralty acquired a certain very limited jurisdiction in Admiralty matters before matters. Thus, jurisdiction extended only to a power to arrest 1868. foreign ships found within the jurisdiction after damaging British property, and to determine disputes as to salvage in cases where the value of the property saved does not exceed £1000. This jurisdiction, such as it is, appears (although the point is not totally free from doubt (b)) to be still possessed by all County Courts. In the year 1868, however, an Act of Parliament w was "The County passed, by which an extended Admiralty jurisdiction is now Courts Adexercised, not, it is true, by all County Courts, but by all miralty County Courts selected for that purpose. The Act in question is commonly known and cited as "The County Courts Jurisdic tion Act, 1868." Short title VOL. II. 3 A* of Act to be "The County Courts Admiralty Jurisdic tion Act, 1868." 31 & 32 Vict. c. 71, s. 1. 32 & 33 Vict. c. 51, s. 1. County Courts Admiralty Jurisdiction Acts to be read as one with other County Courts Acts. 31 & 32 Vict. c. 71, s. 34. 32 & 33 Vict. c. 51, s. 1. Scheme of legislation establishing Admiralty Jurisdiction Act, 1868," under the authority of the following enactment : "This Act may be cited as The County Courts Admiralty "Jurisdiction Act, 1868.'"-31 & 32 Vict. c. 71, s. 1. In the following year-1869-an Amending Act was passed, section 1 of which enacts: 66 6 This Act may be cited as 'The County Courts Admiralty Jurisdiction Amendment Act, 1869.'"-32 & 33 Vict. C. 51, s. 1. The enactments contained in these Acts are, similarly to the other County Courts Acts (c), under express provisions contained in the Acts themselves, to be read as one with the other County Courts Acts. The following are the directions to this effect in the Act of 1868 :— 66 "This Act shall be read as one Act with so much of the 'County Courts Act, 1846,' and the Acts amending or extending the same, as is now in force."-31 & 32 Vict. c. 71, s. 34. 66 6 66 66 6 The Act of 1869 similarly provides : "This Act may be cited as 'The County Courts Admiralty Jurisdiction Act, 1869,' and shall be read and interpreted as one Act with The County Courts Admiralty Jurisdiction Act, 1868."-32 & 33 Vict. c. 51, s. 1. As we have already seen (d) was done on the general establishment of County Courts in the year 1846, the scheme of the legislature erecting County Courts in Admiralty was to make provisions by a general enactment for the formation and County Courts practice of County Courts in Admiralty, leaving it to the executive what Courts should be constituted County Courts in Admiralty. The following are the enactments by which this was effected : in Admiralty. 31 & 32 Vict. c. 71, s. 2. "If at any time after the passing of this Act it appears to "Her Majesty in Council, on the representation of the Lord Chancellor, expedient that any County Court should have Admiralty jurisdiction, it shall be lawful for Her Majesty, by "Order in Council, to appoint that Court to have Admiralty jurisdiction accordingly, and to assign to that Court as its "district for Admiralty purposes any part or parts of any one or more district or districts of County Courts; and the "district so constituted for that Court, with the parts of the sea (if any) adjacent to that district to a distance of three "miles from the shore thereof, shall be deemed its district for 66 66 66 Admiralty purposes; and accordingly the Judge and all "officers of the Court shall have jurisdiction and authority for "those purposes throughout that district, as if the same was "the district of the Court for all purposes; and, from a time "to be specified in each such order, this Act shall have effect "in and throughout the district so constituted; and any such (c) See ante, p. 11 et seq. (d) See ante, p. 13 et seq. 66 "order may be from time to time varied as seems expe"dient; and a County Court so appointed to have Admiralty "jurisdiction, and no other County Court, shall, for the purposes of this Act, be deemed a County Court having Admiralty jurisdiction: Provided that no Judge of a County "Court, except the Judges of the London Court, shall have "jurisdiction in the City of London."-31 & 32 Vict. c. 71, s. 2. 66 "From and after the time specified in each Order in Council 31 & 32 Vict. "under this Act appointing a County Court to have Admiralty c. 71, s. 5. "jurisdiction within any district as the time from which this "Act shall have effect in and throughout that district, no "County Court, other than the County Court so appointed, "shall have jurisdiction within that district in any Admiralty "cause; provided that all Admiralty causes at that time pending in any County Court within that district may be "continued as if no such Order in Council had been made (e).” -31 & 32 Vict. c. 71, s. 5. 66 In execution of the power conferred by the sections just set out, an Order in Council, bearing date the 9th December, 1868, appointed certain County Courts to have jurisdiction in Admiralty (f). The Courts so appointed are all on the sea coast. The Order in Council is as follows :— 66 Certain County Courts consti- Order in "That from and after the 31st day of January, 1869, the County Courts mentioned in the first column of the schedule Council, 9th "hereto annexed marked 'A' shall have Admiralty juris- December, "diction; and Her Majesty is further pleased to assign to 1868. "the Courts hereby appointed to have Admiralty jurisdiction "as their respective districts for Admiralty purposes the "districts of the County Courts the names of which are "printed in the second column of the said schedule opposite to "the names of the said Courts respectively." With reference to the operation of the two sections of "The County Courts Admiralty Jurisdiction Act," above set out, it is to be noted that the joint effect is not merely to give power appoint, by Order in Council, certain County Courts to have to (e) "The Supreme Court of Judicature Act, 1873" (36 & 37 Vict. c. 66), enables Her Majesty from time to time, by order in Council, to confer on any inferior Court of Civil Jurisdiction, the same jurisdiction in Equity and in Admiralty, respectively, as any County Court now has or may hereafter have, 8.88. (f) It may be noted that "The County Courts Admiralty Jurisdiction Act, 1868," contains the following special provision, relating to the constitution of the Court of Passage of Liverpool as a Court with Admiralty jurisdiction. "The Court of Passage of the borough of Liverpool shall, upon an Order in "Council being made which shall appoint the County Court of Lancashire "holden at Liverpool to have Admiralty jurisdiction, have the like jurisdiction, "powers, and authorities as by that Order are conferred on the said County "Court; but nothing herein shall be deemed to enlarge the area over which "the jurisdiction of the Court of Passage extends, or to alter the rules and "regulations for holding the said Court, or to take away or restrict any juris"diction, power, or authority already vested in that Court; and fees received "in that Court under this Act shall be dealt with as fees received in that Court "under its ordinary jurisdiction."-31 & 32 Vict. c. 71, s. 25. VOL. II. 3 B Effect of the above pro visions on Admiralty powers of Court of have Ad miralty jurisdiction. 31 & 32 Vict. c. 71, s. 25. Courts not selected. Power of County Courts in Admiralty to enforce their judg ments. General orders to be framed regulating practice. 31 & 32 Vict. c. 71, s. 35. Such orders 32 & 33 Vict. c. 51, s. 6. Admiralty jurisdiction, but also to deprive of Admiralty jurisdiction such of the County Courts as are not so appointed. The language of section 5 (g) is certainly very comprehensive, and would seem almost to vest in the County Courts specified in the Order in Council, exclusive jurisdiction, not only under the Act. itself, but also under previous enactments conferring a limited Admiralty jurisdiction on County Courts generally. This view is, however, somewhat inconsistent with the language of section 2 (h), which, it is to be noticed, provides that "no "other County Court shall, for the purposes of this Act, be "deemed a County Court having Admiralty jurisdiction." In a recent treatise it is suggested that the effect of section 5 is "to take away, subject to the proviso, all common "law jurisdiction as to the claims mentioned in section 3 (i), "from all County Courts mentioned in the Order in Council, "and all such claims seem to be subject to the provisions of "the Act" (k). It has already been seen (7) that every County Court possesses, in respect of its ordinary jurisdiction, the power of enforcing its own judgments. A similar power is conferred, in respect of their Admiralty jurisdiction, upon such County Courts as possess this last-named jurisdiction (m). The practice of procedure and forms for carrying out the Admiralty jurisdiction of the County Courts is regulated by certain orders, which are directed to be framed by the following sections of "The County Courts Admiralty Jurisdiction Act, 1868" : "General orders shall be from time to time made under this "Act for the purposes in this Act directed, and for regulating "the practice and procedure of the Admiralty jurisdiction of "the County Courts, the forms of processes and proceedings "therein or issuing therefrom, and the days and places of "sittings for Admiralty causes, the duties of the Judges and "officers thereof, and the fees to be taken therein" (n).—31 & 32 Vict. c. 71, s. 35. "General orders under this Act shall be made by the Lord "Chancellor, with the advice and assistance of the Judge of (g) Ante, p. 735. (See this section, post, p. 750. (h) Ante, p. 735. (k) Supplement to Williams and Gainsford Bruce's Admiralty Practice, p. 9, note (f). (1) Ante, p. 47 et seq. (m) See 31 & 32 Vict. c. 71, s. 12, set out in full, post, p. 781. (n) With regard to the Court of Passage at Liverpool it is provided: "The assessor of the Court of Passage of the borough of Liverpool shall have power "from time to time to make general rules and orders for regulating the practice "and procedure of the Admiralty and maritime jurisdiction in the said Court, "and for other purposes mentioned in section 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 66 purposes aforesaid shall be of full force and effect as if the same had been made "under this or the aforesaid Act."-32 & 33 Vict. c. 51, s. 6. |