Chapter 14

his deputy, an officiating judge advocate is appointed for each court-martial. His duties are described in detail by the king's regulations, but may be summed up as consisting of seeing that the charges are in order, pointing out any informalities or defects in the charges or in the constitution of the court, seeing that any witness required by prosecutor or prisoner is summoned, keeping the minutes of the proceedings, advising on matters of law which arise at any time after the warrant for the court-martial is issued, drawing up the findings and sentence, and forwarding the minutes when completed to the admiralty. The officiating judge advocate is usually the secretary of the flag-officer convening the court-martial or some other officer of the accountancy branch. He is remunerated for his services by a fixed fee for each day the court sits.

Ireland. --The High Court of Admiralty of Ireland, being formed on the same pattern as the High Court in England, sat in the Four Courts, Dublin, having a judge, a registrar, a marshal and a king's or queen's advocate. In peace time and war time alike it exercised only an instance jurisdiction, though in 1793 it claimed to exercise prize jurisdiction (see ADMIRALTY JURISDICTION.) No prize commission ever issued to it. By the Irish Judicature Act of 1877 it was directed that it should be amalgamated with the Irish High Court of Justice upon the next vacancy in the office of judge, and this subsequently took place. There was no separate lord high admiral for Ireland.

Scotland.--At the Union, while the national functions of the lord high admiral were merged in the English office it was provided by the Act of Union that the Court of Admiralty in Scotland should be continued ``for determination of all maritime cases relating to private rights in Scotland competent to the jurisdiction of the Admiralty Court.'' This court continued till 1831, when its civil jurisdiction was given to the Court of Session and the Sheriffs' Courts (see ADMIRALTY JURISDICTION),

See Sir Travers Twiss, Black Book of the Admiralty, Rolls series; R. G. Marsden, Select Pleas in the Court of Admiralty, published by the Selden Society; Godolphin, View of the Admiral Jurisdiction. (W. G. F. P.)

1 The Board of Ordnance was originally instituted for the navy, but eventually fell into military hands, to the detriment of the navy --the only navy of any nation that has not full authority over its own ordnance. In 1653, according to Oppenheim, it was, owing to its inefficiency, placed under the admiralty. In 1632 it appears to have been independent, but ``still retained that evil pre-eminence in sloth and incapacity it had already earned and has never since lost.''

2 Admiral Sir Cooper Key, when director of naval ordnance during Mr Childers' administration, observed to the writer that no first lord of the admiralty knew so little of the working of the admiralty as Mr Childers, because, owing to the discontinuance of board meetings, he lost the great advantage of hearing the discussion. (R. V. H.)

3 The drawback is, that a naval lord can only go on leave by throwing all his work on a colleague already overweighted with work.

ADMIRALTY ISLANDS, a group of about forty islands lying north of New Guinea, between 1 deg. and 3 deg. S., and 146 deg. and 148 deg. E., within the Bismarck Archipelago, belonging to Germany. The largest, Manus, is about 60 m. in length, and its highest point is about 3000 ft. above the sea; the others are very small, and rise little above sea-level. Most are of coral formation, but the hills of Manus are believed to be extinct volcanoes. The islands were discovered by the Dutch in 1616, and visited in 1767 by Philip Carteret; but no landing seems to have been effected, owing to the surrounding reefs, until the arrival of the ``Challenger'' in 1875. The natives are of the Papuan type, but show signs of mixed origin. They are cannibals, and many murders of whites have taken place.

ADMIRALTY JURISDICTION. The courts by which, as far as we know, admiralty jurisdiction in civil matters was first exercised were the following. In and throughout England the courts of the several admirals soon combined into one High Court of Admiralty (see ADMIRALTY, HIGH COURT OF.) Within the territories of the Cinque Ports the Court of Admiralty of the Cinque Ports exercised a co-ordinate jurisdiction. In certain towns and places there were local courts of vice-admiralty. In Scotland there existed the Scottish High Court of Admiralty, in Ireland the Irish High Court of Admiralty. Of these courts that of the Cinque Ports alone remains untouched. The Scottish court was abolished, and its civil jurisdiction given to the Court of Session and to the courts of the sheriffs by the Court of Session Act 1830--not, however, till a decision given by it and the appeal therefrom to the House of Lords had established a remarkable rule of admiralty law in cases of collision (Hay v. le Neve, 1824, 2 Shaw, Sc. App. Cas. 395). The act states that the Court of Justiciary held cumulative jurisdiction with the Court of Admiralty in criminal matters. The local vice-admiralty courts in England had ceased to do much work when they were abolished by the Municipal Corporations Act 1835; the High Court became, with the other superior courts, a component part of the High Court of Justice by virtue of the Judicature Acts 1873 and 1875. And the Irish court has in like manner become a part of the High Court of Justice in Ireland by virtue of the Judicature Act passed in 1877.

Vice-Admiralty Courts.

As England first, and Great Britain afterwards, acquired colonies and possessions beyond seas, vice-admiralty courts were established. The earliest known was that in Jamaica, established in the year 1662. Some vice- admiralty courts which were created for prize purposes in the last century were suffered to expire after 1815. In the year 1863, when the act regulating the vice-admiralty courts was passed, there were vice-admiralty courts at Antigua, Bahamas, Barbadoes, Bermuda, British Columbia, British Guiana, British Honduras, Cape of Good Hope, Ceylon, Dominica, Falkland Islands, Gambia River, Gibraltar, Gold Coast, Grenada, Hong Kong, Jamaica, Labuan, Lagos, Lower Canada (otherwise Quebec), Malta, Mauritius, Montserrat, Natal, Nevis, New Brunswick, Newfoundland, New South Wales, New Zealand, Nova Scotia (otherwise Halifax), Prince Edward Island, Queensland, St Christopher, St Helena, St Lucia, St Vincent, Sierra Leone, South Australia, Tasmania, Tobago, Trinidad, Vancouver's Island, Victoria, Virgin Islands (otherwise Tortola), and Western Australia, and (for matters of the slave trade only) Aden. By the act of 1867 one for the Straits Settlements was added. These courts have been regulated from time to time by the following statutes: 2 and 3 Will. IV. c. 51, 26 and 27 Vict. c. 24 (Vice-Admiralty Courts Act 1863), already cited, and 30 and 31 Vict. c. 45 (Vice-Admiralty Courts Act Amendment Act 1867); and by the slave trade acts, of which the last and consolidating act was that of 1873.

In 1890 the Colonial Courts of Admiralty Act provided that, except in the colonies of New South Wales, Victoria, St Helena and British Honduras, vice-admiralty courts should be abolished, and a substitution made of colonial courts of admiralty. There is power, however, reserved to the crown to erect through the admiralty in any British possession any vice-admiralty court, except in India or any British possession having a representative legislature. No vice-admiralty court so established can exercise any jurisdiction except for some purpose relating to prize, the royal navy, the slave trade, foreign enlistment, Pacific Islanders' protection, and questions relating to treaties or conventions on international law. Vice-admiralty courts exercised all usual admiralty jurisdiction, and in addition a certain revenue jurisdiction, and jurisdiction over matters of slave trade and prize and under the Pacific Islanders' Protection Act. The appeal from vice-admiralty courts used to lie to the High Court of Admiralty of England, but has been transferred to the king in council.

Colonial Courts of Admiralty.

By the Colonial Courts of Admiralty Act 1890, already referred to, every court of law in a British possession which is declared by its legislature to be such, or if there be no such declaration, which has original unlimited civil jurisdiction, shall be a court of admiralty.

India.

There used at one time to be vice-admiralty courts for Calcutta, Madras and Bombay; but by the India High Courts Act 1861, sec. 9, the admiralty jurisdiction is given to the High Courts of these places.

Consular Courts.

Consular courts established in Turkey, China and Japan have had admiralty jurisdiction given to them, and by sec. 12 of the Colonial Admiralty Courts Act any court established by H.M. for the exercise of jurisdiction in any place outside H.M.'s dominion may have admiralty jurisdiction granted to it.

Australia.

By the Commonwealth of Australia Constitution Act 1900 a federal supreme court, to be called the High Court of Australia, is created, and the parliament of the Commonwealth may make laws conferring original jurisdiction on the High Court in matters of admiralty and maritime jurisdiction,

The Isle of Man.

There is a court of admiralty in the Isle of Man of which the water-bailiff is judae. He is also styled admiral. It is said to have jurisdiction in salvage and over other maritime matters occurring within 3 leagues from the shore.

County Local Courts.

Modern statutes have given admiralty jurisdiction to the City of London Court, the Court of Passage and to the county courts in the following matters: Salvage, where the value of the salved property does not exceed L. 1000, or the claim for reward L. 300; towage, necessaries and wages, where the claim does not exceed L. 150; claims for damage to cargo, or by collision, up to L. 300 (and for sums above these prescribed limits by agreement between the parties); and claims arising out of breaches of charter parties and other contracts for carriage of goods in foreign ships, or torts in respect thereof, up to L. 300. This jurisdiction is restricted to subjects over which jurisdiction was possessed by the High Court of Admiralty at the time when the first of these acts was passed, except as regards the last branch of it (the ``Aline,'' 1880, 5 Ex. Div. 227; R. v. Judge of City of London Court, 1892, 1 Q.B. 272). In analogy with the county court admiralty jurisdiction created in England, a limited admiralty jurisdiction has been given in Ireland to the recorders of certain boroughs and the chairmen of certain quarter sessions; and in salvage cases, where a county court in England would have jurisdiction, magistrates, recorders and chairmen of quarter sessions may have jurisdiction as official arbitrators (Merchant Shipping