Admiralty Court Act 1840
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| Act of Parliament | |
 | |
| 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 |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 7 August 1840 |
| Commencement | 7 August 1840[b] |
| Repealed | 1 January 1970 |
| Other legislation | |
| Amends | |
| Amended by |
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Status: Repealed | |
| Text of statute as originally enacted | |
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;
- 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[1]
The act was mentioned in articles concerning court proceedings dated 1973.[2] [3] 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.[4] The Bill for the Act was supported by the then Judge of the High Court of Admiralty, Stephen Lushington.[5]
Case summaries
Steamships Trading Company Ltd v Owners of the Ship ‘Samarai’ [1988] PGNC 99; [1988-89] PNGLR 80 (28 February 1989) [6]
Subsequent developments
The whole act so far as unrepealed was repealed by section 1 of, and part VII of the schedule to, the Statute Law (Repeals) Act 1969.
