Admiralty - Definition - Law Dictionary Home Dictionary Definition admiralty

Definition :

Admiralty, the Executive Department of State which presides over the naval forces of the kingdom. The normal head is the 'Lord High Admiral,' but in practice the functions of the Office are discharged by several Commissioners, of whom one is the Chief, and is called the First Lord. He is a member of the Cabinet and is assisted by four Sea Lords, now always selected from Officers of the Service, two Civil Lords and a Secretary.

Means a court that exercises jurisdiction over all maritime contracts, torts, injuries or offences. The federal courts are so-called when exercising their admiralty jurisdiction, which is conferred by U.S. Constitution (Article III 2, Cl. 1), Black Law Dictionary, 7th Edn., p. 47.

The Probate, Divorce, and Admiralty Division of the High Court of Justice was, as far as relates to Admiralty, formerly called the High Court of Admiralty, and was held before the Judge of the Admiralty, who formerly sat as deputy of the Lord High Admiral of England until that office was put into commission, and afterwards as deputy of the Lords Commissioners. As to the jurisdiction of the High Court of Admiralty, see Reg. v. Judge of City of London Court, (1892) 1 QB 273; The Zeta, 1893 AC 468, Judicature Act, 1925, s. 22, and Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 49), s. 58. The Judge now holds his appointment of the Crown as a Judge of the High Court of Justice. The jurisdiction of the Admiralty Division comprises (1) the matters set out in s. 22 of the Judicature Act, 1925; (2) the jurisdiction of a Prize Court within the meaning of the Naval Prize Acts, 1864 to 1916, as amended by subsequent Acts, s. 23, ibid.

Proceedings in Admiralty may be in rem or in personam. By the first, the property in relation to which the claim has arisen, or the proceeds thereof, may be made available to meet the claim. As to warrants for arrest in Admiralty actions, the property is arrested on a warrant supported by affidavit (see R. S. C. Ord. V., rr. 38 and 39). Upon arrest, bail may be accepted for the value of the property arrested: see Williams and Bruce, Admiralty Practice. Appeals from the Admiralty Court lie to the Court of Appeal (R. S. C. Ord. LVIII.) and from the same Court sitting as a Prize Court only to the Privy Council: Jud. Act, 1925, s. 27. See DROITS OF ADMIRALTY'NAVAL PRIZE.

This court formerly had cognizance of all crimes and offences, committed either upon the sea or on the coasts out of the boundary of extent of any English county, until the 4 & 5 Will. 4, c. 36, establishing the Central Criminal Court, when this jurisdiction was transferred to the latter Court, the Judge of the Admiralty being made a member of the tribunal.

County Court jurisdiction.'Certain County Courts, as selected by the Sovereign in Council, on the representation of the Lord Chancellor, have Admiralty jurisdiction up to a limited amount under the (English) County Courts Act, 1934 (24 & 25 Geo. 5, c. 53), ss. 55-59, replacing (English) County Courts Admiralty Jurisdiction Acts of 1868 and 1869.

There is also an unlimited jurisdiction when the parties so agree.

A list of the County Courts exercising Admiralty Jurisdiction will be found in the Yearly County Court Practice.

There is a Court of Admiralty in Ireland.

In Scotland a Court of Admiralty existed prior to 1830. In that year it was abolished by 1 Will. 4, c. 69, and its jurisdiction was transferred to the Court of Session and the Sheriff Courts.

The jurisdiction of the Admiralty in the colonies is regulated by the (English) Colonial Courts of Admiralty Act, 1890 (53 & 54 Vict. c. 27); and see (English) Statute of Westminster, 1931 (22 & 23 Geo. 5, c. 4).