Act of Parliament | |
Long title | An Act to extend the Jurisdiction and improve the Practice of the High Court of Admiralty. |
---|---|
Citation | 24 & 25 Vict. c. 10 |
Territorial extent | England and Wales |
Dates | |
Royal assent | 17 May 1861 |
Commencement | 1 June 1861 |
Other legislation | |
Amended by | |
Repealed by | Supreme Court Act 1981 |
Status: Repealed | |
Text of statute as originally enacted |
The Admiralty Court Act 1861 is an act of the Parliament of the United Kingdom. The act addresses the jurisdiction and practices of the High Court of Admiralty. The act received royal assent on 17 May 1861 and came into force on 1 June 1861. [2]
The provisions of the act include: [3]
Section 16 of the Admiralty Court Act 1861 was repealed by the Administration of Justice Act 1964 by an amendment introduced in the House of Lords. [4] The Lord Chancellor at the time, Baron Gardiner, said that "the section had not been invoked for a very long time" and that both the president of the Probate Division and the Admiralty Registrar had "been consulted and agree that Section 16 is now obsolete". [4]
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.
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.
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offenses.
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The High Court of Bombay is the high court of the states of Maharashtra and Goa in India, and the union territory of Dadra and Nagar Haveli and Daman and Diu. It is seated primarily at Mumbai, and is one of the oldest high courts in India. The High Court has circuit benches at Nagpur and Aurangabad in Maharashtra and Porvorim,
The Constitution Act, 1867, originally enacted as the British North America Act, 1867, is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this Act, were renamed. However, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.
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.
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The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.
Vice admiralty courts were juryless courts located in British colonies that were granted jurisdiction over local legal matters related to maritime activities, such as disputes between merchants and seamen.
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
The Ministry of Law and Justice in the Government of India is a cabinet ministry which deals with the management of the legal affairs, legislative activities and administration of justice in India through its three departments namely the Legislative Department and the Department of Legal Affairs and the Department of Justice respectively. The Department of Legal Affairs is concerned with advising the various Ministries of the Central Government while the Legislative Department is concerned with drafting of principal legislation for the Central Government. The ministry is headed by Cabinet Minister of Law and Justice Arjun Ram Meghwal appointed by the President of India on the recommendation of the Prime Minister of India. The first Law and Justice minister of independent India was Dr. B. R. Ambedkar, who served in the Prime Minister Jawaharlal Nehru's cabinet during 1947–51.
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.
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The Indian High Courts Act 1861 was an act of the Parliament of the United Kingdom to authorize the Crown to create High Courts in the Indian colony. Queen Victoria created the High Courts in Calcutta, Madras, and Bombay by Letters Patent in 1862. These High Courts would become the precursors to the High Courts in the modern day India, Pakistan, and Bangladesh. The Act was passed after the First War of Independence of 1857 and consolidated the parallel legal systems of the Crown and the East India Company.
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