1. The Exchequer Court, under the Admiralty Act, 1891, has jurisdiction to hear and determine actions of account between co-owners of a ship. Semble. That in an action by the managing owner of a ship against his co-owner, the indorsement on the writ need not show that there was any dispute as to the amount involved. The Seaward, 3 E. C. R. 268.

52 Geo. III. c. 20. As to importations into Nova Scotia.

The Economy, ibid, 446.

See Navigation Laws.

539

(Acts of Parliament.)

3. An Act to improve the practice and extend the jurisdiction of the High Court of Admiralty of England (August 7, 1840). 2 Stuart, 235; Stockton, 314.

4. An Act to extend the jurisdiction and improve the practice of the High Court of Admiralty (May 27, 1861). 2 Stuart, 247; Stockton, 348.

5. Acts relating to Canada (Imp.) ibid 323.

6. Acts 6 and 7 Vict., c. 34, for the apprehension of certain offenders escaping from colonies. ibid 342.

7. The Vice-Admiralty Courts Act, 1863. ibid 356.

8. An Act to facilitate the appointment of Vice-Admirals, and of officers in Vice-Admiralty Courts in Her Majesty's possessions abroad, and to confirm the past proceedings, to extend the jurisdiction, and to amend the practice of those Courts. "The ViceAdmiralty Courts Act, 1863." Cook, 374; 2 Stuart, 253; Stockton, 356

9. An Act to extend and amend the Vice-Admiralty Courts Act, 1863 (15th July, 1867). Cook, 381; 2 Stuart, 259.

10. An Act to extend the jurisdiction, alter and amend the procedure and practice, and to regulate the establishment of the Court of Admiralty in Ireland (Aug. 20, 1867). 2 Stuart, 261.

11. An Act to regulate the conduct of Her Majesty's subjects during the existence of hostilities between Foreign States with which Her Majesty is at peace (Aug. 9, 1870). 2 Stuart, 286.

12. An Act to provide for the prosecution and trial in Her Majesty's colonies of offences committed within the jurisdiction of the Admiralty (Aug. 1, 1849). ante, p. 324.

13. An Act to amend the law respecting the exercise of Admiralty jurisdiction in Her Majesty's dominions and elsewhere out of the United Kingdom. The Colonial Courts of Admiralty Act, 1890 (July 25, 1890). Stockton; ante, p. 387.

CANADA.

14. An Act respecting investigations into shipwrecks (June 30, 1864). 2 Stuart, 314.

15. An Act respecting the navigation of Canadian waters (May 22, 1868). ibid, 315; ante, p. 372.

16. The Admiralty Act, 1891. Stockton, 402.

See post, Index, Statutes.

ACTS OF CONGRESS.

1. Act of Congress of the United States of America fixing certain rules and regulations for preventing collisions on the water (April 29, 1864). 2 Stuart, 308.

2. An Act to aid vessels wrecked or disabled in the waters conterminous to the United States and the Dominion of Canada (May 24, 1890). Stockton, 184.

ADMIRAL.

The Lord High Admiral-his office, power, and the history of his appointment, duties, etc. The Little Joe, Stewart, 394.

ADMIRALTY.

1. The "Admiralty" shall mean the Lord High Admiral or the Commissioners for executing his office.

26 Vict. c. 24, s. 2; 2 Stuart, 254.

2. The Admiralty has full power to appoint any Vice-Admiral or any Judge or other officer. ibid, s. 7, 255.

3. Her Majesty may also revoke such appointments under 30 & 31 Vict. c. 45, s. 13, ibid, 260, and may also, under the Great Seal, empower the Admiralty to establish Vice-Admiralty Courts in any British possession. ibid, s. 16, 261. (But see now The Admiralty Act, 1891, ante, p. 402.)

ADMIRALTY JURISDICTION.

1. The Court of Admiralty, except in prizes, exercises an original jurisdiction only, on the ground of established usage and authority. The Friends, 1 Stuart, 112.

See Harbor, 1.

2. It has no jurisdiction of any contract upon land, and the general rule is, that if the contract be made on land to be executed at sea, or be made at sea to be executed on land, the common law has the preference, and excludes the Admiralty. ibid.

3. The cause must arise wholly on the sea, and not within the precincts of any county, to give the Admiralty jurisdiction. ibid. (This decision was made in 1837 prior to 3 & 4 Vict. c. 65, and is not now the law so far as it relates to the body of a county.)

4. The cases where the Admiralty has jurisdiction by reason of the subject matter, and when the proceedings are in rem, are a class by themselves. ibid.

(Admiralty Jurisdiction.)

5. The Admiralty jurisdiction as to torts depends upon the locality, and is limited to torts committed on the high seas. ibid. (Now changed by 3 & 4 Vict. c. 65.)

6. Personal torts committed in the harbor of Quebec are not within the jurisdiction of the Admiralty. ibid. (See now contra, 3 & 4 Vict. c. 65.)

7. The Admiralty entertains jurisdiction of personal torts committed by the master of a vessel on a passenger, if arising on the high seas. The Toronto, 1 Stuart, 181.

8. The jurisdiction of the Court in cases of pilotage is undoubted. The Phoebe, ibid, 60.

9. It has no jurisdiction in cases where there has been a previous judgment of a Court of concurrent jurisdiction upon the same cause of demand. ibid, 59.

10. It has jurisdiction in relation to claims of pilots for extra pilotage in the nature of salvage for extraordinary services rendered by them. The Adventurer, ibid, 101.

11. In suits for damage to a ship by collision, notwithstanding the cause of action may have arisen out of the local limits of the Court.

See Collision.

12. In matters of possession at the suit of the owners or owner of a majority of interests in a ship to obtain possession thereof.

The Mary and Dorothy, 1 Stuart, 187.

13. By 3 & 4 Vict. c. 65, s. 6, the High Court of Admiralty has jurisdiction to decide all claims of salvage, and damage to any sea-going ship or vessel, and to enforce payment thereof, whether such ship or vessel may have been within the body of a county, or on the high seas, at the time when the cause of action accrued.

The Mary Jane, ibid, 267.

14. The ancient jurisdiction restored by the same statute, with respect to claims of material men for necessaries furnished to foreign ships. ibid.

15. It has no authority to enforce demands for work done or materials furnished in England to ships owned there. ibid.

16. Nor has the Vice-Admiralty Court of Lower Canada jurisdiction with respect to claims of material men for materials furnished to ships owned there. ibid.