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GAZETTE
JULY/AUGI JST 1984
Court of Quarter Sessions therein, should have
jurisdiction in Admiralty causes and assign the districts of
such courts, and the time and places courts should be
held.
37
Jurisdiction
Also, the Local Courts were to have all the like Civil
and Maritime Jurisdiction as belonged to the Court of
Admiralty,
38
where:
(a) The amount or value of the claim did not exceed
£200.00.
(b) If it did exceed £200.00, where the parties agree by
written memorandum, that a specified Local Court
should have jurisdiction.
39
Proceedings
The proceedings were to be commenced:
(a) In the Local Court in whose jurisdiction the ship or
goods to which the cause related lay at the time of
such commencement, or if that rule could not be
applied then
(b) in the Local Court in whose District an ordinary
Action could or might have been taken, or
(c) in such Local Court as the parties by written
memorandum should agree.
40
If an action was started in the Court of Admiralty
which could have been started by a party in a Local Court,
then unless the Judge of the Court otherwise directed,
such party would not be entitled to receive costs on the
higher scale. This did not apply, however, when the action
was commenced in the Court of Admiralty pursuant to an
agreement between the parties.
41
Local Courts established
Local Court was defined by the Act "to mean and
include the Court of the Recorder of the Borough of
Cork, the Court of the Recorder of Belfast, and the Court
of any other Recorder or of any Chairman of Quarter
Sessions in Ireland to whom jurisdiction in Admiralty
(should) be given . . . .
42
Powers unexcerised
It appears that the power of the Lord Lieutenant to
confer Admiralty Jurisdiction was never exercised.
43
In a
case in 1893,
Bull
-v-
Pile (The Erminia),
44
Counsel for the
Plaintiff was opposing a motion to remit from the High
Court to the Court of the Recorder of Dublin
45
and he
argued that the power to declare jurisdiction had not been
exercised up to that time, and that the Recorder did not
derive jurisdication from any other source and his
submission was not challenged. (The power to declare
jurisdiction was abolished by the Statute Law Revision
(No. 2) Act, 1883). Also a Statutory Rule in 1918
46
refers
only to the Local Courts at Belfast and Cork as if they
were the only Courts existing. Furthermore, a treatise by
Gerald Horan K.C.,
47
on the Courts of Justice Act, 1924,
(by virtue of which all jurisdiction of Recorders, County
Court Judges and Chairman and Courts of Quarter
Sessions was transferred to the Circuit Court),
48
refers to
the jurisdiction of the Borough Court of Dublin presided
over by the Recorder but makes no mention of Admiralty
Jurisdiction.
Thus, it would appear that at the time of the Courts of
Justice Act 1924, the only Local Court of Admiralty
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