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GAZETTE
JULY/AUGIJST 1984
Admiralty Courts in Ireland
by
William F. Holohan, B.C.L., LL.B., Solicitor
Auditor 1982-1983
Inaugural Address to The Solicitors' Apprentices Debating Society of Ireland.
Establishment and Jurisdiction
C
OURTS of Admiralty have existed in the British Isles
for ever six hundred years
2
and in other jurisdictions
have existed for upwards of two hundred years before they
were established in Britain. The earliest known Laws of
Admiralty
3
of modern civilisations were those promoted
by Eleanor of Aquitaine, later wife of Henry II of
England, at the Isle of Oleron in France. Having passed
through many forms at different times, the Laws of
Admiralty in Ireland
4
were last formulated in "The Court
of Admiralty (Ireland) Act, 1867",
5
as amended.
6
Under Part II of that Act, jurisdiction is conferred upon
the Court
7
to decide,
inter alia,
upon the following:
"Upon all claims whatsoever relating to salvage.
8
All claims and demands in a nature of towage.
9
Any claims for damage received or done by any
ship.
10
Any claim for the building, equipping or repairing
of any ship."
Any claim for necessaries supplied to any ship
elsewhere than in the port to which the ship
belongs.
12
All questions arising between co-owners or any of
them touching the title to or ownership, possession,
employment and earnings of any ship registered at
any port in Ireland.
13
any claim by a seaman of a ship for wages earned by
him on board the ship.
14
Any claim in respect of any mortgage duly
registered.
15
"
Under Section 38 of the Act, "the jurisdiction conferred
by this Act may be exercised either by proceedings
in rem
or by proceedings
in personam".
16
The Court was also
given powers equal to "Superior Courts of Common Law
in Ireland or any Judge thereof to compel either party in
any cause or matter to answer interrogatories and to
enforce the Production, Inspection and Delivery of copies
of any document in his possession or power",
17
"to
commit persons to prison",
18
to discharge persons in
contempt,
19
and to administer Oaths.
20
Also, powers to
allow Affidavits to be made on Oath before persons
appointed by the Court for that purpose
21
and to examine
witnesses
22
in accordance with the rules of evidence
observed in the Superior Courts of Common Law, were
granted.
23
Judgments, Decrees and Orders of the Courts
of Admiralty were also to have the same effect as
Judgments of the Courts of Common law.
24
Powers to
order security for costs and arrests were also granted.
25
Under an amending Act of 1876,
26
the jurisdiction was
extended to include power to decide all claims arising out
of any agreement as to the use or hire of any ship, or as to
the carriage of goods therein and over all claims in tort
and in respect of claims regarding goods carried on a
ship.
27
The High Court of Admiralty in Ireland, as a
separate Court with its own separate system, was short-
lived. Under the terms of the Supreme Court of
Judicature (Ireland) Act, 1877, on the vacation of office
of the existing Admiralty Judge, the Court of Admiralty
was united and consolidated with the Supreme Court of
Judicature in Ireland, and all jurisdiction of the Judge of
the Admiralty Court and all proceedings then pending,
were transferred to the High Courts of Justice in
Ireland.
28
Modern Jurisdiction
Jurisdiction in Admiralty matters is now, by virtue of
the Courts Acts,
29
vested in the High Court. The Rules of
the Superior Courts
30
provide the rules governing actions
in Admiralty,
31
which are defined to mean:
(a) Any claim or question in respect of which the
former High Court of Admiralty had jurisdiction,
(b) a claim for the sale of a ship or any share therein,
(c) a claim to prohibit any dealing with a ship or any
share therein,
(d) a claim in respect of a mortgage or a charge on a
ship, or any share thereon,
(e) a claim rising out of bottomry,
32
(0 a claim for the forfeiture of any ship or her tackle,
apparel or furniture, or the restoration thereof after
.a seizure or for costs and damages in respect of the
seizure or detention thereof,
(g) a claim in the nature of or arising out of pilotage,
(h) a claim arising out of a general average act.
Practice and Procedure
Proceedings in Admiralty are heard by a Judge
assigned by the President of the High Court.
33
The Judge
may appoint assessors if he deems it necessary or if one of
the parties to an action insists.
34
He may also obtain the
assistance of accountants, merchants, engineers,
actuaries and other scientific persons "in such way as (he)
the Judge may think fit"
35
Various other rules govern procedural matters and the
form of documents to be used in such actions. These may
be found in the Superior Court Rules.
36
INFERIOR ADMIRALTY COURTS
Local Courts
Under the 1867 Act, the Lord Lieutenant or other Chief
Governor or Governors in Ireland in Council, were
empowered to declare by Order in Council that the
Recorder of any Borough Court or the Chairman of any
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