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Colonial Courts of Admiralty Act, 1890 Section 11

Title: Exception of Channel Islands and Other Possessions

State: Central

Year: 1890

(1) The provisions of this Act with respect to Colonial Courts of Admiralty shall not apply to the Channel Islands. (2) It shall be lawful for the Queen in Council by order to declare, with respect to any British possession which has not a representative legislature, that the jurisdiction conferred by this Act on Colonial Courts of Admiralty shall not be vested in any Court of such possession, or shall be Vested only to the partial or limited extent specified in the Order.

Colonial Courts of Admiralty Act, 1890 Complete Act

State: Central

Year: 1890

.....in England, and shall have the same regard as that Court to international law and the comity of nations. (3) Subject to the provisions of this Act any enactment referring to a Vice-Admiralty Court, which is contained in an Act of the Imperial Parliament or in a Colonial law, shall apply to a Colonial Court of Admiralty, and be read as if the expression "Colonial Court of Admiralty" were therein, substituted for "Vice-Admiralty Court "or for other expressions respectively referring to such Vice-Admiralty Courts or the Judge thereof, and the Colonial Court of Admiralty shall have jurisdiction accordingly: Provided as follows. (a) Any enactment in an Act of the imperial Parliament referring in the Admiralty Jurisdiction of the High Court in England when applied to Colonial Court of Admiralty In a British possession, shall be read as if the name of that possession were therein substituted for England: and Wales: and (b) A Colonial Court of Admiralty shall have under the (Naval Prize Act, 1864) and under the (Slave Trade Act, 1873) and any enactment relating to prize or the slave trade. the Jurisdiction thereby conferred on a Vice-Admiralty Court and not the jurisdiction thereby.....

Colonial Courts of Admiralty Act, 1890 Section 16

Title: Commencement of Act

State: Central

Year: 1890

.....Act. (3) If, on the commencement of this Act in any British possession, rules of Court have not been approved by Her Majesty in pursuance of this Act, the rules in force at such commencement under the Vice-Admiralty Courts Act, 1863, and in India the rules in force at such commencement regulating the respective Vice-Admiralty Courts or Courts of Admiralty in India, including any rules made with reference to proceedings instituted on behalf of Her Majesty's ships, shall, so far as applicable, have effect in the Colonial Courts or Courts of Admiralty of such possession, and in any Vice-Admiralty Court established under this Act in that possession, as rules of Court under this Act, and may be revoked and varied accordingly; and all fees payable under such rules may be taken in such manner as the Colonial Court may direct, so however that the amount of each such fee shall so nearly as practicable be paid to the same officer or person who but for the passing of this Act would have been entitled to receive the same in respect of like business. So far as any such rules are inapplicable or do not extend, the rules of Court for the exercise by a Court of its ordinary civil jurisdiction.....

Colonial Courts of Admiralty Act, 1890 Section 2

Title: Colonial Courts of Admiralty

State: Central

Year: 1890

.....in England, and shall have the same regard as that Court to international law and the comity of nations. (3) Subject to the provisions of this Act any enactment referring to a Vice-Admiralty Court, which is contained in an Act of the Imperial Parliament or in a Colonial law, shall apply to a Colonial Court of Admiralty, and be read as if the expression "Colonial Court of Admiralty" were therein, substituted for "Vice-Admiralty Court" or for other expressions respectively referring to such Vice-Admiralty Courts or the Judge thereof, and the Colonial Court of Admiralty shall have jurisdiction accordingly : Provided as follows:-- (a) Any enactment in an Act of the Imperial Parliament referring to the Admiralty jurisdiction of the High Court in England when applied to Colonial Court of Admiralty in a British possession, shall be read as if the name of that possession were therein substituted for England and Wales; and (b) A Colonial Court of Admiralty shall have under the Naval Prize Act, 1864, and under the Slave Trade Act, 1873, and any enactment relating to prize or the slave trade, the jurisdiction thereby conferred on a Vice-Admiralty Court and not the jurisdiction.....

Colonial Courts of Admiralty Act, 1890 Section 9

Title: Power to Establish Vice-admiralty Court

State: Central

Year: 1890

.....the vacancy until anappointment to the office is made by the Admiralty. (3)The provisions of this Act with respect to appeals to Her Majesty in Councilfrom Courts in British possessions in the exercise of the jurisdiction conferredby this Act shall apply to appeals from Vice-Admiralty Courts but the rules andorders made in relation to appeals from Vice-Admiralty Courts may differ fromthe rules made in relation to appeals from the said Courts in Britishpossessions. (4)If Her Majesty at any time by commission under the Great Seal so directs, theAdmiralty shall by writing under their hands and the seal of the office ofAdmiralty abolish a Vice-Admiralty Courts established in any British possessionunder this section, and upon such abolition the jurisdiction of any Colonial Court of Admiralty in that possession whichwas previously suspended shall be revived. ________________________ 1.Substituted by A.O. (P). 2.The words "or in Burma"were repealed by the Burma Independence Act, 1947, S. 5 and Sch. II, Part 1.

Colonial Courts of Admiralty Act, 1890 Section 17

Title: Abolition of Vice-admiralty Courts

State: Central

Year: 1890

.....proceedings pending in the Vice-Admiralty Court in any British possession at the commencement of this Act shall, notwithstanding the repeal of any enactment by this Act, be continued in a Colonial Court of Admiralty of the possession in manner directed by rules of Court, and, so far as no such rule extends, in a like manner as nearly as may be, as if they had been originally begun in such Court; (3) Where any person holding an office, whether that of Judge, Registrar or Marshal, or any other office in any such Vice-Admiralty Court in a British possession, suffers any pecuniary loss in consequence of the abolition of such Court, the Government of the British possession, on complaint of such person, shall provide that such person shall receive reasonable compensation (by way of an increase of salary or a capital sum, or otherwise) in respect of his loss, subject nevertheless to the performance, if required by the said Government of the like duties as before such abolition; (4) All books, papers, documents, office furniture, and other things at the commencement of this Act belonging, or appertaining to any Vice-Admiralty Court, shall be delivered over to the proper officer of.....

Colonial Courts of Admiralty Act, 1890 Section 8

Title: Droits of Admiralty and of the Crown

State: Central

Year: 1890

.....and such droits and forefeitures, when condemned by a Court of a British possession in the exercise of the jurisdiction conferred by this Act, shall, save as is otherwise provided by any other Act, be notified, accounted for and dealt with in such manner as the Treasury from time to time direct, and the officers of every Colonial Court of Admiralty and of every other Court in a British possession exercising Admiralty jurisdiction shall obey such directions in respect of the said droits and forefeifures as may be from time to time given by the Treasury. (2) It shall be lawful for Her Majesty the Queen in Council by order to direct that, subject to any conditions, exceptions, reservations, and regulations contained in the Order, the said droits and forfeitures condemned by a Court in a British possession shall form part of the revenues of that possession either for ever or for such limited term or subject to such revocation as may be specified in the order. (3) If and so long as any of such droits or forfeitures by virtue of this or any other Act form part of the revenues of the said possession the same shall subject to the provisions of any law for the time being.....

Guardians and Wards Act, 1890 Complete Act

State: Central

Year: 1890

.....thereof may be attended by, such of the persons interested in the aplication as the Court thinks fit. (3) The guardian stating in good faith the facts in the petition and acting upon the opinion, advice or direction given by the Court shall be deemed, so far as regards his own responsibility, to have performed his duty as guardian in the subject-matter of the application. SECTION 34: OBLIGATIONS ON GUARDIAN OF PROPERTY APPOINTED OR DECLARED BY THE COURT - Where a guardian of the property of a ward has been appointed or declared by the Court and such guardian is not the Collector, he shall,- (a) if so required by the Court, give a bond, as nearly as may be in the prescribed form, to the Judge of the Court to ensure for the benefit of the Judge for the time being, with or without sureties, as may be prescribed, engaging duly to account for what he may receive in respect of the property of the ward; (b) if so required by the Court, deliver to the Court, within six months from the date of his appointment or declaration by the Court, or within such other time as the Court directs, a statement of the immovable property belonging to the ward, of the money and other movable property.....

Colonial Courts of Admiralty Act, 1890 Section 15

Title: Interpretation

State: Central

Year: 1890

In the construction of this Act, unless the context otherwise requires-- The expression "representative legislature" means, in relation to a British possession, a legislature comprising a legislative body of which at least one-half are elected by inhabitants of the British possession. The expression "unlimited civil jurisdiction" means civil jurisdiction unlimited as to the value of the subject-matter at issue, or as to the amount that may be claimed or recovered. The expression "judgment" includes a decree, order, and sentence. The expression "appeal" means any appeal, rehearing, or review; and the expression "local appeal" means an appeal to any Court inferior to Her Majesty in Council. The expression "Colonial law" means any Act, ordinance, or other law having the force of legislative enactment in a British possession and made by any authority, other than the Imperial Parliament of Her Majesty in Council, competent to make laws for such possession.

Colonial Courts of Admiralty Act, 1890 Section 3

Title: Power of Colonial Legislature as to Admiralty Jurisdiction

State: Central

Year: 1890

The legislature of a British possession may by any Colonial law:-- (a) declare any Court of unlimited civil jurisdiction, whether original or appellate, in that possession to be a Colonial Court of Admiralty, and provide for the exercise by such Court of its jurisdiction under this Act, and limit territorially, or otherwise, the extent of such jurisdiction; and (b) confer upon any inferior or subordinate Court in that possession such partial or limited Admiralty jurisdiction under such regulations and with such appeal (if any) as may seem fit: Provided that any such Colonial law shall not confer any jurisdiction which is not by this Act conferred upon a Colonial Court of Admiralty.