Admiralty court
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Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries and offences.
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[edit] Admiralty Courts in Wales and England
Today Admiralty jurisdiction is exercised by the High Court of England and Wales. The admiralty laws which are applied in this court is based upon the civil law-based Law of the Sea, as well as statutory and common law additions.
Historically there were a number of admiralty courts. From about 1360 the sea coast of England and Wales was divided into 19 districts, and for each there was a Vice Admiral of the Coast, representing the Lord High Admiral. From 1360 to 1875 a Judge served as the "Lieutenant, Official Principal and Commissary General and Special of the High Court of Admiralty, and President and Judge of the High Court of Admiralty". In 1887 the High Court of Admiralty was absorbed into the new Probate Divorce and Admiralty Division of the High Court. No judges are now appointed for the local courts, and the judicial functions of the Lord High Admiral have been passed to the Queen's Bench Division of the High Court, where they continue to be exercised by the Admiralty Judge and other Commercial Court judges authorised to sit in Admiralty cases.
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. This office is normally held by a High Court Judge who holds the appointment of Admiralty Judge. The jurisdiction of the Court of Admiralty of the Cinque Ports extends from Shore Beacon, Essex, to Redcliffe, near Seaford, Sussex. It covers all the sea from Seaford to a point five miles off Cape Grisnez on the coast of France, and the coast of Essex (and Birchington, near Margate, Kent). The Court now sits only rarely, and the last full sitting was in 1914. Accordingly to general civilian practice the registrar can act as deputy to the judge, and the only active role of the judge now is to take part in the installation of a new Lord Warden of the Cinque Ports. Appeal from the court's decisions lies to the Judicial Committee of the Privy Council.
[edit] Judge Official and Commissary of the Court of Admiralty of the Cinque Ports
- Lieutenant-Commander Gerald Darling, RD MA Oxford DL QC 1979-1996
- Hon Sir Henry Barnard, Barrister-at-Law Gray's Inn QC c.1967-1979
- NLC Macaskie, QC c.1961
- RE Knocker, MBE 1936-
- Rt Hon Sir Frederick Pollock, Bt Barrister-at-Law Lincoln's Inn FBA QC PC 1914-1936
- Rt Hon Sir Robert Phillimore, Bt BA DCL Oxford Advocate Doctors' Commons Barrister-at-Law Middle Temple QC PC 1855-1875
- Sir Joseph Phillimore 1809-1855
- French Laurence, DCL -1809
The jurisdiction of the High Court with respect to admiralty concern salvage and other legal issues which are unique to the sea.
[edit] Admiralty Court of Scotland
The Admiralty Court of Scotland, in Edinburgh, was abolished in 1830 (see Lord High Admiral of Scotland).
[edit] Role in the American Revolution
During the period after the French and Indian War, Admiralty Courts became an issue that was a part of the rising tension between the British Parliament and their American Colonies. Starting with the Proclamation of 1763, these courts were given jurisdiction over a number of laws affecting the colonies. The jurisdiction was expanded in later acts of the Parliament, such as the Stamp Act of 1765.
The colonists' objections were based on several factors. The courts could try a case anywhere in the British Empire. Cases involving New York or Boston merchants were frequently heard in Nova Scotia, and sometimes even in England. The fact that judges were paid based in part on the fines that they levied, and naval officers were paid for bringing 'successful' cases led to abuses. There was no trial by jury, and evidence standards were weaker than in criminal courts. The government's objective was to improve the effectiveness of revenue and excise tax laws. In many past instances, smugglers would avoid taxes. Even when they were caught and brought to trial, local juries frequently acquitted the popular local merchants whom they perceived as being unfairly accused by an unpopular tax collector.
[edit] Maritime jurisdiction in the United States
In the United States, the federal district courts have jurisdiction over all admiralty and maritime actions; see 28 U.S.C. § 1333.
In recent years, some tax protesters in the United States have claimed that any American court displaying an American Flag with a gold fringe is in fact an Admiralty Court and thus has no jurisdiction. Courts have dismissed this as frivolous.[[:Template:(United States v. Mackovich, 209 F.3d 1227, 1233-1235, fn. 2 (9th Cir. 2000).)]]
[edit] External links
