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Topic: Admiralty Courts


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In the News (Tue 7 Oct 08)

  
  Admiralty Jurisdiction - LoveToKnow 1911
The criminal jurisdiction of the admiralty was first exercised by the High Court of Admiralty; and then, by virtue of the Offences at Sea Act 1536, transferred to commissioners appointed under the great seal, among whom were to be the admiral or admirals, his or their deputies.
Admiralty criminal jurisdiction is now, by virtue of the series of statutes, the Offences at Sea Act 1799, the Central Criminal Court Act 1834, Offences at Sea Act 1844, and the criminal law consolidation acts passed in 1861, exercised by the Central Criminal Court and by the ordinary courts of assize.
The court of appeal is formed by the council of the admiralty with the addition of two members of the senate and a nominee of the minister of foreign affairs (Clunet, 1904, p.
www.1911encyclopedia.org /Admiralty_Jurisdiction   (5209 words)

  
 History of Admiralty Law
Admiralty, or maritime law, consists of the rules and principles- derived from custom, judicial decisions, legislative enactments and international treaties-that govern the legal relationships arising from the transportation of passengers and cargoes on the high seas and other navigable waters.
The principal parties affected by the law of admiralty are the crew, the shipowner, the cargo owner, the charterer and the marine insurer.
Admiralty is an ancient legal system deriving from the customs of the early Egyptians, Phoenicians and Greeks who carried an extensive commerce in the Mediterranean Sea.
www.marlegal.com /mlhist.html   (608 words)

  
 Admiralty law - Wikipedia, the free encyclopedia
Admiralty law became part of the law of the United States as it was gradually introduced through admiralty cases arising after the adoption of the U.S. Constitution in 1789.
A state court hearing an admiralty or maritime case is required to apply the admiralty and maritime law, even if it conflicts with the law of the state, under a doctrine known as the "reverse-Erie doctrine." The "Erie doctrine" says that federal courts hearing state actions must apply state law.
Admiralty Courts assume jurisdiction by virtue of the presence of the vessel in its territorial jurisdiction irrespective of whether the vessel is national or not and whether registered or not and wherever the residence or domicile or their owners may be.
en.wikipedia.org /wiki/Admiralty_law   (2528 words)

  
 FindLaw for Legal Professionals
The admiralty and maritime jurisdiction of the federal courts had its origins in the jurisdiction vested in the courts of the Admiral of the English Navy.
The law administered by federal courts in admiralty is therefore an amalgam of the general maritime law insofar as it is acceptable to the courts, modifications of that law by congressional amendment, the common law of torts and contracts as modified to the extent constitutionally possible by state legislation, and international prize law.
Perhaps the most significant admiralty court difference in procedure from civil courts is the absence of a jury trial in admiralty actions, with the admiralty judge trying issues of fact as well as of law.
home1.gte.net /vzeo1z2a/Admiralty.htm   (4943 words)

  
 Ship Arrest in India
The Admiralty jurisdiction excercised by the the High Courts in Indian Republic is still governed by the obsolete English Admiralty Courts Act, 1861 applied by (English) Colonial Courts of Admiralty Act, 1890 and adopted by Colonial Courts of Admiralty (India) Act, 1891 (Act XVI of 1891).
In the first two cases, the court has the discretion to insist upon security being furnished by the plaintiff to compensate the defendant in the event of it being found that the arrest was wrongful and was sought and obtained maliciously or in bad faith.
Admiralty actions in England, on the other hand, whether in rem or in personam, are confined to well defined maritime liens or claims and directed against the res (ship, cargo and freight) which is the subject-matter of the dispute or any other ship in the same beneficial ownerships as the res in question.
lexnexus.tripod.com /arrest.htm   (11548 words)

  
 Understanding Federal and State Courts - Educational Outreach
Distinguish between the types of cases that are heard in the federal courts and those that are heard in the state courts.
Most state court systems are made up of (1) two sets of trial courts: (a) trial courts of limited jurisdiction (probate, family, traffic, etc.) and (b) trial courts of general jurisdiction (main trial-level courts); (2) intermediate appellate courts (in many, but not all, states); and (3) the highest state courts (called by various names).
Federal courts can have jurisdiction over a case of a civil nature in which parties are residents of different states and the amount in question exceeds the amount set by federal law (currently $75,000).
www.uscourts.gov /outreach/resources/fedstate_lessonplan.htm   (3070 words)

  
 Admiralty court - Wikipedia, the free encyclopedia
The sole survivor of the ancient local Courts of Admiralty is the Court of Admiralty for the Cinque Ports, which is presided over by the Judge Official and Commissary of the Court of Admiralty of the Cinque Ports.
The jurisdiction of the Court of Admiralty of the Cinque Ports extends from Shore Beacon, Essex, to Redcliffe, near Seaford, Sussex.
Appeals from the court's decisions lies to the Judicial Committee of the Privy Council.
en.wikipedia.org /wiki/Admiralty_court   (783 words)

  
 [No title]
Court: defense of fire protects carrier from losses resulting from steps taken to extinguish the fire, provided there is no actual fault or privity of the owner concerning origin of firefighting evidence.
Court: storms in north Atlantic are foreseeable and winds, waves, and cross-seas were to be expected — not a peril of the sea.
The District Court held that the loss was not covered under the perils of the sea clause, the free from particular average clause, the warehouse-to-warehouse clause, the marine extension clause, the shore coverage clause, the inchmaree clause, the negligence clause, or the general averages clauses.
www.mactyre.net /shelley/outlines/Admiralty-Outline.doc   (11004 words)

  
 CASBAH: Records of the High Court of Admiralty and colonial Vice-Admiralty courts
When the work of the Admiralty Sessions passed to the Central Criminal Court in 1834, the ancient jurisdiction of the Lord High Admiral in criminal cases on the high seas was recognised by the inclusion of the Admiralty judge in the commission of oyer and terminer and gaol delivery for the new court.
One effect of this was to sever the centuries-old connection between the High Court of Admiralty and the Lord High Admiral or the Lords Commissioners of the Admiralty, ending the latter's administrative supervision which thereafter became the responsibility of the President of the new Division, and of the Lord Chancellor.
Admiralty jurisdiction was also exercised by Vice-Admiralty courts in the maritime counties of England and Wales and in the overseas dominions of the Crown.
www.casbah.ac.uk /cats/archive/138/PROA00039.htm   (1186 words)

  
 Boston Law Firm Massachusetts Admiralty Lawyers Legal Services
Admiralty law or maritime law is the distinct body of law (both substantive and procedural) governing navigation and shipping.
Admiralty law in the United States developed from the British admiralty courts present in most of the American colonies.
Common law does not act as binding precedent on admiralty courts, but it and other law may be used when no law on point is available.
www.bostonmalawfirm.com /admiralitylaw.html   (555 words)

  
 ADMIRALTY JURISDICTION   (Site not responding. Last check: 2007-11-05)
Admiralty Jurisdiction is the KING'S COMMERCE of the High Seas, and if the King is a party to the sea-based Commerce (such as by the King having financed your ship, or the ship is carrying the King's guns), then that Commerce is properly governed by the special rules applicable to Admiralty Jurisdiction.
Admiralty Law Jurisdiction is a body of legal concepts, international in character, which has its own history of organic growth concurrent both within the parallel Anglo-American development of King's Equity and Common Law Jurisdictions, and in addition to organic growth from outside Anglo-American Law.
Admiralty Jurisdiction rules are used to settle claims and grievances regarding cargo, international conventions, financing, banking, insurance, legislation, navigation, hazardous substances from nuclear power plants, stevedoring (the unloading of a vessel at a port), and undersea mining and development.
www.wealth4freedom.com /mercier/006.htm   (12808 words)

  
 THE MOSES TAYLOR, 71 U.S. 411 (1866) -- US Supreme Court Cases from Justia & Oyez
Courts held by justices of the peace were at that time by another statute invested with jurisdiction of these cases, where the amount claimed did not exceed two hundred dollars, except where the action was brought to recover seamen's wages for a voyage performed, in whole or in part, without the waters of the State.
This jurisdiction of the courts of California was asserted and is maintained upon the assumed ground that the cognizance by the Federal courts 'of civil causes of admiralty and maritime jurisdiction' is not exclusive, as declared by the ninth section of the Judiciary Act of 1789.
A proceeding in rem, as used in the admiralty courts, is not a remedy afforded by the common law; it is a proceeding under the civil law.
supreme.justia.com /us/71/411/case.html   (5086 words)

  
 Nicholas Johnson, Admiralty and Cyberlaw
Although the “Pied Poudre” courts, held primarily for the settlement of disputes at English fairs and markets, also had special jurisdiction of seamen's cases, it is probable that the first English tribunals to apply maritime law, with the Rolls of Oléron as a basis, were the courts of the Cinque Ports.
However, he is free to sue in a state court, unless the defendant is a citizen of another state, in which case the suit may be tried as an ordinary civil action in the district court.
Although admiralty actions are frequently brought in personam, against individual or corporate defendants only, the most distinctive feature of admiralty practice is the proceeding in rem, against maritime property, that is, a vessel, a cargo, or “freight,” which in shipping means the compensation to which a carrier is entitled for the carriage of cargo.
www.uiowa.edu /~cyberlaw/csl03/admiralty.html   (1529 words)

  
 The Vice-Admiralty Courts
This court had jurisdiction from the Floridas to Newfoundland and the judge was appointed and sent directly from England.
The new court did not supercede the authority of the existing courts.
The legal concept of the Vice-Admiralty courts was that a defendant was assumed guilty until he proved himself innocent.
www.ushistory.org /declaration/related/vac.htm   (425 words)

  
 Admiralty - Wex   (Site not responding. Last check: 2007-11-05)
The federal courts derive their exclusive jurisdiction over this field from the Judiciary Act of 1789 and from Article III, § 2 of the U.S. Constitution (http://www.law.cornell.edu/constitution/constitution.articleiii.html#section2).
Since admiralty courts, however, are courts of limited jurisdiction (which does not extend to nonmaritime matters), 28 USC § 1333(1), the "Savings to Suitors Clause," does provide for concurrent state jurisdiction so that non-admiralty remedies will not be foreclosed.
Nonetheless, the Supplemental Admiralty Rules (http://www.usmarshals.gov/district/wa-w/admiralty/pdf/admiralty.pdf) take precedence over the Federal Rules of Civil Procedure (http://www.law.cornell.edu/rules/frcp/) in the event of conflict between the two.
www.law.cornell.edu /topics/admiralty.html   (635 words)

  
 Admiralty Courts in Colorado?   (Site not responding. Last check: 2007-11-05)
The gold fringed United States flag is the Admiralty or War flag which denotes Admiralty or martial law.
Is there no Admiralty Court claiming jurisdiction in America except in matters that occur on the high seas?
Admiralty law is farther still from the common law recognized under Federal and State constitutions.
users.frii.com /gosplow/admir.html   (414 words)

  
 Admiralty Courts in Colorado?   (Site not responding. Last check: 2007-11-05)
Just as the founders of this country railed against the King for extending Admiralty law to the lands of the Colonies, so are those few patriots who have paid attention to the corruption of our legal system, raising a hue and a cry over the current usurpers of jurisprudence.
Most likely, any excuse will be used to allege that the party claiming interest in the property was a party to the alleged offense that resulted in the original seizure.
SEE The Admiralty Court Exists Because the U.S. is Under Martial law
www.wealth4freedom.com /truth/admiraltycourt.htm   (422 words)

  
 Carolina Academic Press: Courts of Admiralty and the Common Law
Courts of Admiralty and the Common Law also sheds fresh light on the origins of the federal judiciary, showing how the debate over maritime jurisdiction was instrumental both in shaping the language of Article III of the Constitution and later in determining the structure of the federal courts in the Judiciary Act of 1789.
Congress had disregarded the dangers usually associated with two separate sets of courts interpreting the same body of substantive law, assuming that the lex maritima, a part of the law of nations, would be applied uniformly in both courts.
Courts of Admiralty and the Common Law concludes with an assessment of whether concurrent state/federal maritime jurisdiction continues to serve a practical purpose in the twenty-first century, examining how tensions between conflicting state and federal substantive rules may serve the greater interests of federalism and commerce.
www.cap-press.com /books/1501   (450 words)

  
 Treason In Government! Admiralty Law!
Admiralty law is for the sea, maritime law govern's contracts between parties that trade over the sea.
The American Courts of Admiralty seem to be forming by degrees into a system that is to overturn our Constitution and to deprive us of our best inheritance, the laws of the land.
They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables Congress to make all needful rules and regulations respecting the territory belonging to the united States.
www.barefootsworld.net /admiralty.html   (4959 words)

  
 Carolina Academic Press: Courts of Admiralty in Colonial America
The references in the literature to colonial courts of admiralty are often made in connection with the mounting struggle with the Crown which followed the Stamp Act controversy of 1765.
Courts of Admiralty in Colonial America is the product of a collaborative effort between an admiralty law specialist and a political scientist interested in American constitutional development.
The book also provides insight into the trials of maritime cases in the 17th and 18th centuries and explains how the colonial vice admiralty courts became the source and model for the subsequent development of federal admiralty jurisdiction and procedure.
www.cap-press.com /books/152   (526 words)

  
 Account of a Declaration: Gloss   (Site not responding. Last check: 2007-11-05)
A special commission, under the authority of the vice-admiralty courts, was sent to apprehend the perpetrators of the Gaspee affair, and to haul them back to England for trial.
Vice-admiralty court, at the call of Navel commanders who wished to assure that persons suspected of smuggling or other violations of the customs laws would receive a hearing favorable to the British, and not the colonial, interests.
Though the vice-admiralty courts were established throughout the colonies shortly after the French and Indian War, I was unable to locate any specific incident concerning a court of inquiry in Rhode Island in 1762.
www.leftjustified.com /leftjust/lib/sc/ht/decl/gls0.html   (4454 words)

  
 COLONIAL COURTS OF ADMIRALTY (INDIA) ACT 1891   (Site not responding. Last check: 2007-11-05)
THE COLONIAL COURTS OF ADMIRALTY (INDIA) ACT, 1891 ACT NO. 16 OF 1891 [14th May, 1891.] An Act t declare certain courts in India to be Colonial Courts of Admiralty.
The expressions "Court having Admiralty jurisdiction" and Admiralty Court "and the expression" Admiralty or Vice-Admiralty cause," and other expressions referring to Admiralty or Vice-Admiralty Courts or causes, shall, wherever any such expression occurs in any --------------------------------------------------------------------- 1 For notification publishing Her Britannic Majesty's Assent to this Act, see Gazette of India, 1891, Pt.
Rep. by the A.O. 4.[Court-fees in suits in the Colonial Court of Admiralty at Karachi].
www.austlii.edu.au /~andrew/CommonLII/IN-num_act/ccoaa1891329   (212 words)

  
 SHIP ARREST - THE INDIAN PERSPECTIVE   (Site not responding. Last check: 2007-11-05)
This is probably because of the enforcement of the provisions of Colonial Courts of Admiralty Act, in India.
By the Act 16 of 1891, the High Courts of Bengal, Madras, Bombay, Rangoon, Aden and Karachi in the then British India were declared to be Colonial Courts of Admiralty.
The Supreme Court in another case, pointed out that in cases where there is a strong triable case against the vessel, the arrest effected under the provisions of the Merchant Shipping Act and the admiralty rules can be lifted only on deposit of substantial amount in the Court by the vessel owner.
www.cj-law.com /pub6.htm   (1203 words)

  
 Admiralty and Commercial Courts
To be treated at all times in a courteous and helpful manner by staff who are easily identifiable
To be told in a courteous manner the office you have reached and the name of the member of staff answering your call
Fixing hearings before Master Miller (the Admiralty Registrar) in Admiralty or Commercial cases unless the estimate is more than one day in which case apply to the Master himself in Room E121.
www.hmcourts-service.gov.uk /infoabout/admiralcomm/index.htm   (379 words)

  
 LII: Law about...Admiralty
The federal courts derive their exclusive jurisdiction over this field from the Judiciary Act of 1789 and from
Since admiralty courts, however, are courts of limited jurisdiction (which does not extend to nonmaritime matters),
Jurisdiction of Admiralty, Maritime, and Prize Cases -
www.thecre.com /fedlaw/legal28/admiralty.htm   (540 words)

  
 Order in Council made under the Colonial Courts of Admiralty Act 1890
Provided that such Rules of Court shall not come into operation until they have been approved by His Majesty in Council, but on coming into operation shall have full effect as if enacted in the said Act:
And whereas it has been made to appear to His Majesty that it is expedient to declare that the Rules of Court hereto annexed may, with respect to any matters of detail or local concern, be revoked, varied, or added to, without the approval of His Majesty in Council:
And His Majesty is further pleased, by and with the like advice, to declare, and it is hereby declared, that the said Rules of Court hereto annexed may, with respect to any matters of detail or local concern, be revoked, varied, or added to, without the approval of His Majesty in Council.
www.worldlii.org /pg/legis/consol_act/oicmutccoaa1890549   (244 words)

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