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Act of Parliament | |
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Long title | An Act to improve the Practice and extend the Jurisdiction of the High Court of Admiralty of England. |
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Citation | 3 & 4 Vict. c. 65 |
Dates | |
Royal assent | 7 August 1840 |
Other legislation | |
Amended by |
The Admiralty Court Act 1840 (3 & 4 Vict. c. 65) was an Act of the Parliament of the United Kingdom. It extended the jurisdiction of the High Court of Admiralty of England and Wales.
Consisting of the following;
The Act was mentioned in articles concerning court proceedings dated 1973. [3] [4] Together with the Admiralty Court Acts 1861, the review of the law was specifically for the reason of a need for an increased number of shipping, salvage, and collision hearings. [5] The Bill for the Act was supported by the then Judge of the High Court of Admiralty, Stephen Lushington. [6]
Steamships Trading Company Ltd v Owners of the Ship ‘Samarai’ [1988] PGNC 99; [1988-89] PNGLR 80 (28 February 1989) [7]
Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding.
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details.
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offenses.
Proctor is a person who takes charge of, or acts for, another.
The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the federal government's legislative jurisdiction. Originally composed of two divisions, the Appellate Division and the Trial Division, in 2003 the Court was split into two separate Courts, the Federal Court and the Federal Court of Appeal. The court used facilities as the Supreme Court of Canada Building as well as Thomas D'Arcy McGee Building and registry office at 90 Elgin Street.
Prize money refers in particular to naval prize money, usually arising in naval warfare, but also in other circumstances. It was a monetary reward paid in accordance with the prize law of a belligerent state to the crew of a ship belonging to the state, either a warship of its navy or a privateer vessel commissioned by the state. Prize money was most frequently awarded for the capture of enemy ships or of cargoes belonging to an enemy in time of war, either arrested in port at the outbreak of war or captured during the war in international waters or other waters not the territorial waters of a neutral state. Goods carried in neutral ships that are classed as contraband, being shipped to enemy-controlled territory and liable to be useful to it for making war, were also liable to be taken as prizes, but non-contraband goods belonging to neutrals were not. Claims for the award of prize money were usually heard in a prize court, which had to adjudicate the claim and condemn the prize before any distribution of cash or goods could be made to the captors.
The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.
The Piracy Act 1698 was an Act of the Parliament of England passed in the eleventh year of King William III. The main purpose behind the statute was to make some corrections to the Offences at Sea Act 1536.
A maritime lien, in English and US law and elsewhere, is a specific aspect of admiralty law concerning a claim against a ship for services rendered to it or injury caused by it.
The Vice Admiralty Court was a prerogative court established in the late 18th century in the colony of New South Wales, which was to become a state of Australia. A vice admiralty court is in effect an admiralty court. The word "vice" in the name of the court denoted that the court represented the Lord Admiral of the United Kingdom. In English legal theory, the Lord Admiral, as vice-regal of the monarch, was the only person who had authority over matters relating to the sea. The Lord Admiral would authorize others as his deputies or surrogates to act. Generally, he would appoint a person as a judge to sit in the Court as his surrogate. By appointing Vice-Admirals in the colonies, and by constituting courts as Vice-Admiralty Courts, the terminology recognized that the existence and superiority of the "mother" court in the United Kingdom. Thus, the "vice" tag denoted that whilst it was a separate court, it was not equal to the "mother" court. In the case of the New South Wales court, a right of appeal lay back to the British Admiralty Court, which further reinforced this superiority. In all respects, the court was an Imperial court rather than a local Colonial court.
Admiralty law in the United States is a matter of federal law.
Ex parte Fisk, 113 U.S. 713 (1885), was a case in which Francis B. Fogg brought suit in the Supreme Court of the State of New York against Fisk to recover the sum of $63,250 on the allegation of false and fraudulent representations made by Fisk in the sale of certain mining stocks. Fisk was held in contempt when he declined to answer questions his attorney believed violated the Fifth Amendment.
Southern Pacific Company v. Jensen, 244 U.S. 205 (1917), was a United States Supreme Court case concerning the geographical extent of state workers' compensation laws. The Court held that the New York Workmen's Compensation Act, as applied to laborers in the New York Harbor, intruded on federal admiralty jurisdiction, and that civil suits arising within this jurisdiction were subject to the common law of the sea. The compensation statute passed by the state interfered with federal power and was therefore unconstitutional.
The Piracy Act 1850, sometimes called the Pirates Repeal Act 1850, is an Act of the Parliament of the United Kingdom. It relates to proceedings for the condemnation of ships and other things taken from pirates and creates an offence of perjury in such proceedings.
The Taney Court heard thirty criminal law cases, approximately one per year. Notable cases include Prigg v. Pennsylvania (1842), United States v. Rogers (1846), Ableman v. Booth (1858), Ex parte Vallandigham (1861), and United States v. Jackalow (1862).
Canadian maritime law is based on the field of "Navigation and Shipping" vested in the Parliament of Canada by virtue of s. 91(10) of the Constitution Act, 1867.
The Criminal Law Act 1827 was an act of the Parliament of the United Kingdom, applicable only to England and Wales. It abolished many obsolete procedural devices in English criminal law, particularly the benefit of clergy. It was repealed by the Criminal Law Act 1967.
The Maritime Court of Ontario was an admiralty court in Ontario. It was created in 1877 by a federal statute. The Exchequer Court of Canada succeeded the Maritime Court by a statute passed in 1891. The Exchequer Court continued in 1971 as the Federal Court of Canada.