Admiralty Court Act 1840

Admiralty Court Act 1840^[1]

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to improve the Practice and extend the Jurisdiction of the High Court of Admiralty of England.
Citation	3 & 4 Vict. c. 65
Dates
Royal assent	7 August 1840

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.

Content

Consisting of the following;

• Whenever a vessel shall be arrested, etc., court to have jurisdiction over claims of mortgagees
• Court to decide questions of title, etc.
• The court in certain cases may adjudicate, etc.
• Evidence may be taken viva voce in open court
• Evidence may be taken viva voce before a commissioner
• Attendance of witnesses and production of papers may be compelled by subpoena
• Gaolers to receive prisoners committed by the Court of Admiralty or by Admiralty coroners
• Prisoners in contempt may be discharged
• Jurisdiction to try questions concerning booty of war
• Jurisdiction of courts of law and equity not taken away^[2]

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]

Case summaries

Steamships Trading Company Ltd v Owners of the Ship ‘Samarai’ [1988] PGNC 99; [1988-89] PNGLR 80 (28 February 1989) ^[7]

See also

• Admiralty law

References

• John Mounteney Lely. "The Admiralty Court, 1840". The Statutes of Practical Utility. (Chitty's Statutes). Fifth Edition. Sweet and Maxwell. Stevens and Sons. Chancery Lane, London. 1894. Volume 1. Title "Admiralty". Pages 1 to 6.