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Report No. 151

9. Power to establish Vice-Admiralty Court.-

(1) It shall be lawful to Her Majesty, by commission under the Great Seal, to empower the Admiralty to establish in a British possession any Vice-Admiralty Court or Courts.

(2) Upon the establishment of a Vice-Admiralty Court in a British possession, the Admiralty, by writing under their hands and the seal of the office of Admiralty, in such form as the Admiralty direct, may appoint a judge, registrar marshal, and other officers of the court and may cancel any such appointment; and in addition to any other jurisdiction of such court, may (subject to the limits imposed by this Act or the said commission from Her Majesty) vest in such court the whole or any part of the jurisdiction by or by virtue of this Act conferred upon any courts of that British possession, and may vary or revoke such vesting, and while such vesting is in force the power of such last mentioned courts to exercise the jurisdiction so vested shall be suspended:

Provided that-

(a) nothing in this section shall authorise a Vice-Admiralty Court so established in India (........or in any other British possession) "having a representative legislature to exercise any jurisdiction, except for some purpose relating to prize, to Her Majesty's Navy, to the slave trade, to the matters dealt with by the Foreign Enlistment Act, 1870, or the Pacific Islanders Protection Acts 1872 and 1875, or to matters in which questions arise relating to treaties for conventions with foreign countries, or to international law; and

(b) In the event of a vacancy in the Office of judge, registrar, marshal, or other officer of any Vice-Admiralty Courts in a British possession, the Governor of that possession may appoint a fjt person to fill the vacancy until an appointment to the office is made by the Admiralty.

(3) The provisions of this Act with respect to appeals to Her Majesty in Council from courts in British possessions in the exercise of the jurisdiction conferred by this Act shall apply to appeals from Vice-Admiralty Courts, but the rules and orders made in relation to appeals from Vice-Admiralty Courts may differ from the rule made in relation to appeals from the said courts in British possessions.

(4) If Her Majesty at any time by commission under the Great Seal so directs, the Admiralty shall by writing under their hands and the seal of the office of Admiralty abolish a Vice-Admiralty Court established in any British possession under this section, and upon such abolition and jurisdiction of any Colonial Court of Admiralty in that possession which was previously suspended shall be revised.

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