55 & 56 Vict. c. 4, 1892 (Wrecks, United States). Rev. Stat. of Can. c. 89 (Harbor and River Police). 49 Vict. c. 114, 1886 (Fishing, Foreign Vessels). 52 Vict. c. 24, 1886 (Fisheries Act). Rev. Stat. of Can. c. 137 (Maritime Court, Ontario). 54 & 55 Vict. c. 29 (The Admiralty Act, 1891). 54 & 55 Vict. c. 40, 1891 (Load Line). 56 Vict. c. 22, 1893 (Load Line). to sit for judge miralty in certain cases. 3 & 4 VICT. CAP. 65. An Act to Improve the Practice and Extend the Jurisdiction of the High Court of Admiralty of England. 7TH AUGUST, 1840. WHEREAS the jurisdiction of the High Court of Admiralty of England may be in certain respects advantageously extended, and the practice thereof improved; be it therefore enacted by the Queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the same, that it shall be lawful for the Dean of Arches dean of the Arches for the time being to be assistant to and of Court of Ad- to exercise all the power, authority and jurisdiction, and to have all the privileges and protections of the judge of the said High Court of Admiralty, with respect to all suits and proceedings in the said Court, and that all such suits and proceedings, and all things relating thereto, brought or taking place before the dean of the Arches, whether the judge of the said High Court of Admiralty be or be not at the same time sitting or transacting the business of the same Court, and also during any vacancy of the office of judge of the said Court, shall be of the same force and effect in all respects as if the same had been brought or had taken place. before the judge himself, and all such suits and proceedings shall be entered and registered as having been brought and as having taken place before the dean of the Arches sitting for the judge of the High Court of Admiralty. Advocates, surrogates and proctors of Court of Arches to be admitted in Court of Admiralty. II. And be it declared and enacted, that all persons who now are or at any time hereafter may be entitled to practise as advocates in the Court of Arches are and shall be entitled to practise as advocates in the said High Court of Admiralty; and that all persons who now are or hereafter may be entitled to act as surrogates or proctors in the Court of Arches shall be entitled respectively to practise and act, or to be admitted to practise and act, as the case may be, as surrogates and proctors in the said High Court of Admiralty, according to the rules and practice now prevailing and observed or hereafter to be made in and by the said High Court of Admiralty touching the admission and practising of advocates, surrogates and proctors in the said Court respectively. vessel shall be ceeds brought the Court to tion over claims III. And be it enacted, that after the passing of this act, whenever a whenever any ship or vessel shall be under arrest by process arrested or proissuing from the said High Court of Admiralty, or the pro- into registry, ceeds of any ship or vessel having been so arrested shall have jurisdichave been brought into and be in the registry of the said of mortgagees. Court, in either such case the said Court shall have full jurisdiction to take cognizance of all claims and causes of action of any person in respect of any mortgage of such ship or vessel, and to decide any suit instituted by any such person in respect of any such claims or causes of action respectively. questions of causes of posses etc. IV. And be it enacted, that the said Court of Admiralty Court to decide shall have jurisdiction to decide all questions as to the title title in all to or ownership of any ship or vessel, or the proceeds thereof sion, salvage, remaining in the registry, arising in any cause of possession, salvage, damage, wages or bottomry, which shall be instituted in the said Court after the passing of this Act. made to the V. And be it enacted, that whenever any award shall Appeals may be have been made by any justices of the peace or by any per- Court of Admison nominated by them, or within the jurisdiction of the bution, cinque ports by any commissioners, respecting the amount of salvage to be paid, or respecting any claims and demands for services or compensation, which such justices and commissioners within their several jurisdictions are empowered to decide under the provisions of two Acts passed in the second year of the reign of King George the Fourth, for remedying certain defects relative to the adjustment of salvage, or whenever any sum shall have been voluntarily paid on any such account of salvage, services or compensation, it shall be lawful for any person interested in the distribution of the amount awarded or paid to require distribution to be forthwith made thereof, and the person or persons by The Court, in certain cases, on claims for services and necessaries, although not on the high seas. whom such amount shall be awarded, or, in the case of voluntary payment, the person by whom the same shall have been received, shall forthwith proceed to the distribution thereof among the several persons entitled thereunto, to be certified in the case of an award under the hand of the person or persons by whom such amount shall be awarded, and an account of every such distribution shall be annexed to the award; and if any person interested in the distribution shall think himself aggrieved on account of its not being made according to the award, or otherwise, it shall be lawful for him, within fourteen days after the making of the award, or payment of the money, but not afterwards, to take out a monition from the said High Court of Admiralty requiring any person being in possession of any part of the amount awarded or voluntarily paid to bring in the same, to abide the judgment of the Court concerning the distribution thereof; and in the case of an award, the person or persons by whom the award shall have been made shall, upon monition, send without delay to the said High Court of Admiralty a copy of the proceedings before him and them, and of the award, on unstamped paper, certified under his or their hand; and the same shall be admitted by the Court as evidence, and the amount awarded or voluntarily paid shall be distributed according to the judgment of the Court. VI. And be it enacted, that the High Court of Admiralty may adjudicate shall have jurisdiction to decide all claims and demands whatsoever in the nature of salvage for services rendered to or damage received by any ship or sea-going vessel, or in the nature of towage, or for necessaries supplied to any foreign ship or sea-going vessel, and to enforce the payment thereof, whether such ship or vessel may have been within the body of a county, or upon the high seas, at the time when the services were rendered or damage received, or necessaries furnished, in respect of which such claim is made. VII. And be it enacted, that in any suit depending in the said High Court of Admiralty, the Court (if it shall think fit) may summon before it and examine, or cause to be examined, witnesses by word of mouth, and either before or after examination by deposition, or before a commissioner, as hereinafter mentioned; and notes of such evidence shall be taken down in writing by the judge or registrar, or by such other person or persons, and in such manner, as the judge of the said Court shall direct. be taken viva voce before a commissioner. VIII. And be it enacted, that the said Court may, if it Evidence may shall think fit, in any such suit issue one or more special commissions to some person being an advocate of the said High Court of Admiralty of not less than seven years' standing, or a barrister-at-law of not less than seven years' standing, to take evidence by word of mouth, upon oath, which every such commissioner is hereby empowered to administer, at such time or times, place or places, and as to such fact or facts, and in such manner, order and course, and under such limitations and restrictions, and to transmit the same to the registry of the said Court, in such form and manner as in and by the commission shall be directed; and that such commissioner shall be attended, and the witnesses shall be examined, cross-examined and re-examined by the parties, their counsel, proctors or agents, if such parties, or either of them, shall think fit so to do; and such commission shall, if need be, make a special report to the Court touching such examination, and the conduct or absence of any witness or other person thereon or relating thereto; and the said High Court of Admiralty is hereby authorized to institute such proceedings, and make such order or orders, upon such report, as justice may require, and as may be instituted or made in any case of contempt of the said Court. witnesses and papers may be subpæna. IX. And be it enacted, that it shall be lawful in any suit Attendance of depending in the said Court of Admiralty for the judge of production of the said Court, or for any such commissioner appointed in compelled by pursuance of this Act, to require the attendance of any witnesses, and the production of any deeds, evidences, books or writings, by writ, to be issued by such judge or commissioner in such and the same form, or as nearly as may |