What is an admiralty court?
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offences. England's admiralty courts date to at least the 1360s, during the reign of Edward III.
When was the first vice admiralty court established in Australia?
The first vice-admiralty court in Australia was established in the colony of New South Wales in 1788. The first Vice-Admiral was Arthur Phillip and the first judge was Robert Ross. The court was abolished in 1911 when the Supreme Court of New South Wales was granted the admiralty jurisdiction of the court.
What is the colonial courts of Admiralty Act 1890?
1890 saw the enactment of the Colonial Courts of Admiralty Act 1890 (UK). That Act provided for the abolition of the imperial courts of admiralty and replace them with local courts to be called colonial courts of admiralty.
When was the vice-admiralty court created?
in 1697[1]; Vice-Admiralty courts were created in Maryland (1694), New York (which included Connecticut and New Jersey) and South Carolina (1697), Pennsylvania (which included Delaware) and Virginia (1698), Massachusetts (1699), New Hampshire (1704), Rhode Island (1716), North Carolina (1729), and Georgia (1754).[2]
What did the admiralty courts do?
In the United States, the admiralty court exercises jurisdiction over all admiralty and maritime actions, comprising two types of cases: (1) those involving acts committed on the high seas or other navigable waters, including prize cases and torts, injuries, and crimes committed on the high seas, and (2) those ...
What were the admiralty courts and how did they impact colonists?
Admiralty Courts in the colonial era dealt with maritime issues requiring adjudication, including both criminal and noncriminal matters. Although the royal Charters of 1663 and 1665 granted power to the Lords Proprietors to create courts of admiralty, they never did so.
Why did Americans object to admiralty courts?
These courts had no juries and did not follow British common law because Admiralty cases involved property not people. Colonists objected, arguing that these courts denied their rights as British citizens.
Who was impacted by the admiralty courts?
For the first half of the 18th century, these courts primarily handled disputes, under local jurisdiction, between merchants and sailors. The common issues adjudicated were seamen's wages, shipbuilding, salvage, insurance, and petty crimes committed at sea.
When was the first Admiralty court established?
The admiralty court has its origins in 14th century England.
Why did colonists not like Admiralty courts?
Vice-admiralty courts were unpopular with Americans because their purpose was to enforce Britain's control over the colonial economy. It was particularly galling that the courts were staffed by imperial placemen who exercised summary jurisdiction over local merchants.
What are admiralty courts American Revolution?
Vice Admiralty Courts were juryless courts located in British colonies that were granted jurisdiction over local legal matters related to maritime activities, such as disputes between merchants and seamen.
What is the historical significance of vice admiralty courts?
Vice-Admiralty courts existed throughout the empire. They served one purpose only, to resolve disputes among merchants and seamen. At the end of the French and Indian War eleven such courts were in operation in British America.
What major event started the Revolutionary War?
the Battles of Lexington and ConcordOn April 19, local militiamen clashed with British soldiers in the Battles of Lexington and Concord in Massachusetts, marking the “shot heard round the world” that signified the start of the Revolutionary War.
Are we under admiralty law?
American admiralty law formerly applied only to American tidal waters. It now extends to any waters navigable within the United States for interstate or foreign commerce. In such waters admiralty jurisdiction includes maritime matters not involving interstate commerce, including recreational boating.
What's the definition of admiralty?
Definition of admiralty 1 capitalized : the executive department or officers formerly having general authority over British naval affairs. 2 : the court having jurisdiction over questions of maritime law also : the system of law administered by admiralty courts.
Why we are in the admiralty jurisdiction?
All states by law have access to the sea. Therefore any land locked country has an easement, so to speak, across other countries in order to get to the sea. All states have an admiralty jurisdiction in all of their courts, and they hate admitting it.
What were admiralty courts in colonial America?
Vice Admiralty Courts were juryless courts located in British colonies that were granted jurisdiction over local legal matters related to maritime activities, such as disputes between merchants and seamen.
What were admiralty courts and why did the British government create them?
They served one purpose only, to resolve disputes among merchants and seamen. At the end of the French and Indian War eleven such courts were in operation in British America. Each court served a certain region.
What were the admiralty courts Apush?
Admiralty courts: Used to try offenders for violating the carious Navigation Acts passed by the crown after the French and Indian War. Colonists argued that the courts encroached on their rights as Englishmen since they lacked juries and placed the burden of proof on the accused.
Why did the American colonists believe the establishment of the vice-admiralty courts after the French and Indian War violate their English civil rights?
Why did the American colonists believe the establishment of the vice-admiralty courts after the French and Indian War violate their English civil rights? Juries were not allowed. Only jury verdicts were allowed. The court did not apply the correct colonial law.
Admiralty Courts in the United Kingdom
England's Admiralty Courts date to at least the 1360s, during the reign of Edward III. At that time there were three such Courts, appointed by Admirals responsible for waters to the north, south and west of England. In 1483 these local courts were amalgamated into a single High Court of Admiralty, administered by the Lord High Admiral of England.
Admiralty Courts 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 .
What Is an Admiralty Court?
An admiralty court is a tribunal with jurisdiction over maritime law, including cases regarding shipping, ocean, and sea laws. Historically, admiralty courts were a separate part of the court system. In modern times, these cases may be assigned within the regular court system, usually at the federal or Superior Court level.
What court is the maritime case in?
In modern times, these cases may be assigned within the regular court system, usually at the federal or Superior Court level. In the U.S., any court that is hearing a maritime case is an admiralty court for the duration of that case.
What court is Admiralty Court in Canada?
In Canada, the jurisdiction resides with the Federal Court . In the U.K. the Admiralty Court is now one part of the Business and Property Court under the High Court. To this day, when such courts hear matters relating to admiralty law they will be referred to as admiralty courts.
Why were vice-admiral courts established?
Much later, regional Vice-Admiralty courts were established across the British Empire to resolve commercial disputes between merchants and seamen. During wartimes, their powers were expanded to deal with such matters as impounded enemy ships and criminal smuggling operations.
What court is designated as an admiralty court?
In the U.S., any federal court may be designated an admiralty court for the purposes of the case under consideration.
Where did the Admiralty Court originate?
The admiralty court has its origins in 14th century England. The judges were admirals. Jurisdiction for matters that once fell under admiralty courts has been given over to regular court systems in most modern countries, usually at the federal or Superior Court level.
Who has the power to issue a maritime lien against a ship?
Admiralty courts have the power to issue a maritime lien against a ship, allowing the court or its appointees to seize the ship to settle claims against it.
What were the vice-admiral courts?
Vice-Admiralty courts existed throughout the empire. They served one purpose only, to resolve disputes among merchants and seamen. At the end of the French and Indian War eleven such courts were in operation in British America. Each court served a certain region. Some of them handled several colonies, while Pennsylvania had its own. These courts were different in operation from the Common-Law courts. They did not use a jury system, the judge heard all evidence and testimony and handed down a ruling. For most of the history of the colonies, these courts were occupied only with commercial matters. Judges were appointed from the local population and paid from the treasuries of the colonies served. During the French and Indian War their jurisdiction was expanded to the business of condemning enemy ships, impounded by the British, and to disposal of their contents. When Great Britain decided to step up enforcement of the Trade and Navigation acts, the authority of the courts was further expanded to include enforcement of customs and criminal charges for smuggling. In many cases the jurisdiction of Vice-Admiral and Common-Law courts overlapped. Customs officials and merchants could bring action in whichever court they thought would bring the most favorable resort. This presented an apparent injustice from the perspective of those charged. They argued that the lack of a trial-by-jury was an infringement of their "constitutional" rights. However the distinction was minor in practice because all of the judges were drawn from the local population. A provision of the Currency Act established a "super" Vice-Admiralty court in Halifax, Nova Scotia in 1764. This court had jurisdiction from the Floridas to Newfoundland and the judge was appointed and sent directly from England. The new court did not supercede the authority of the existing courts. Rather it was to be used on occasions when officials felt that the local courts might rule against them. This court could be used not only to prosecute, but to persecute those thought to be enemies of Great Britain. Officers could require anyone charged to transport themselves to distant Nova Scotia, to appear before an obviously biased court. The legal concept of the Vice-Admiralty courts was that a defendant was assumed guilty until he proved himself innocent. Failure to appear as commanded resulted in an automatic guilty verdict.
Why was the new court used?
Rather it was to be used on occasions when officials felt that the local courts might rule against them. This court could be used not only to prosecute, but to persecute those thought to be enemies of Great Britain.
How were judges appointed in the French and Indian War?
Judges were appointed from the local population and paid from the treasuries of the colonies served. During the French and Indian War their jurisdiction was expanded to the business of condemning enemy ships, impounded by the British, and to disposal of their contents.
Why was the lack of trial by jury a minor in practice?
However the distinction was minor in practice because all of the judges were drawn from the local population. A provision of the Currency Act established a "super" Vice-Admiralty court in Halifax, Nova Scotia in 1764.
Why did the Admiralty Court take a back seat to the Common Law Court?
When this happened, the Vice-Admiralty courts took a back seat to the Common Law courts because of the Writ of Prohibition. If a defendant in an Admiralty proceeding appealed to the King’s Bench which possessed a considerable body of case law defining Vice-Admiralty jurisdiction for such a writ, and if the Bench agreed that a Common Law court properly had jurisdiction, a writ or directive was issued for the admiralty court to desist from adjudicating the case.[11] The common law courts also had jurisdiction over most maritime contracts because they were made on land. It is probable that some admiralty courts heard cases in the colonies which, if they had been presented in England, would have been subject to Writs of Prohibition.
How did the Vice Admiralty Court work?
Colonists, in a Vice-Admiralty Court, appeared before a judge who heard all evidence and testimony, and then handed down a ruling without a jury; civil rather than common law was employed; action could be taken in rem(against an object or thing) as well as in personam (against an individual) [10]; the defendant was assumed guilty until he proved himself innocent; if the defendant failed to show for his court date he was found automatically guilty; and formal opinions were not written. As a result, custom officials could choose whichever type of court they thought best suited their purposes.
Why were Writs of Assistance important?
The use of Writs of Assistance for customs searches and seizures with the support of the Vice-Admiralty courts caused deep resentment in the colonies. They were significant issues for the colonists even before the Stamp Act was passed. They were at the beginning of the path of events and actions that led to revolution and independence. Sadly James Otis never lived long enough to see his argument become the basis for the 4thAmendment to the United States Constitution in 1787.
What was the Writ of Assistance?
The reply was that the Writ of Assistance was the general standing warrant issued by the clerk of the Exchequer when applied for by a Customs Commissioner. Upon learning this, the court decided unanimously against the merchants.[25]
What states were Vice Admiralty courts created in?
Source: Library of Congress. in 1697 [1]; Vice-Admiralty courts were created in Maryland (1694) , New York (which included Connecticut and New Jersey) and South Carolina (1697), Pennsylvania (which included Delaware) and Virginia (1698), ...
What were the two types of warrants used in the colonies?
Two types a warrants were used in the colonies: the common-law warrant that allowed an officer to search for stolen goods, and the general warrant that allowed an officer to engage in a wide-range of searches and seizures. A Writ of Assistance was a general warrant.
What was the purpose of the Commissioners of Customs Act?
They were to enforce the levying of duties on imports for the express purpose of raising revenue. To Americans who believed that taxation without representation was tyranny, the commissioners who were responsible for collecting taxes that had not been voted on by the colonists were representatives of that tyranny. The commissioners fueled the colonists’ anger whenever they used a Writ of Assistance. This was a general warrant that authorized a customs official with the assistance of a sheriff or justice of the peace to conduct a search wherever he pleased for smuggled goods. In most cases, the warrant did not identify what goods were sought or where the search was to be conducted. A customs official was not required to produce any evidence on which the warrant was based, he merely had to have suspicions. He could enter a colonist’s home without giving prior notice, at any time of the day, and was not responsible for any damage he caused while conducting his search. In the wrong hands, the warrant was used to harass the colonists. When combined, the Vice-admiralty court and a Writ of Assistance took away many of the rights that the colonists believed all Englishmen were entitled to.
