In English Law. The court of the ad miral.
4. This court, as at present organized, was erected by Edward III. It was held by the Lord High Admiral, whence it was called the High Court of Admiralty, or before his deputy, the Judge of the Admiralty, by which latter officer it has for a long time been exclusively held. It sits as two courts, with separate commissions, known as the Instance Court and the Prize Court, the former of which is commonly intended by the term admiralty. At its origin the jurisdiction of this court was very ex tensive, embracing all maritime matters. By the statutes 13 Rich. II. c. 5, and 15 Rich. II. c. 3, especially as explained by the common-law courts, their jurisdiction was much restricted. A violent and long-oontinued contest between the admiralty and common-law courts resulted in the establish ment of the restriction, which continued until the statutes 3 ez 4 Vict. c. 65 and 9 ik 10 Vict. o. 99 materially enlarged its powers. See 2 Parsons, Marit. Law, 479, n.; 1 Kent, Comm. Lect. XVII.; 2 Gall. B. C. 398; 12 Wheat. 611; 1 Baldw. C. C. 544; Day. Dist. Ct. 93; PRIZE COURT.
5. The civil jurisdiction of the court ex tends• to torts committed on the high seas, in cluding personal batteries, 4 C. Rob. Adm. 73 ; collision of ships, Abbott, Shipp. 230 ; resti tution of possession from a claimant with holding unlawfully, 2 Barnew. & C. 244; 1 Hagg. 81, 240, 342 ; 2 Dods. Adm. 38 ; Edw. Adm. 242 ; 3 C. Rob. Adm. 93, 133, 213 ; 4 id. 275, 287 ; 5 id. 155 ; cases of piratical and illegal taking at sea and contracts of a mari time nature, idcluding suits between part owners, 1 Hagg. 306 ; 3 id. 299 ; 1 Ld. Raym. 223 ; 2 id. 1235 ; 2 Barnew: & C. 248 ; for mariners' and officers' wages, 2 Ventr. 181 ; 3 Mod. 379 ; 1 Ld. Raym. 632; 2 id. 1206 ; 2 Strange, 858, 937 ; I id. 707; pilotage, bott, Shipp. 198, 200 ; bottomry and dentia bonds, 6 Jur. 241 ; 3 Hagg. Adm. 66; 3 Term, 267 ; 2 Ld. Raym. 982 ; Rep. temp. Holt, 48; and salvage claims, 2 Hagg. Adm. 3 ; 3 C. Rob. Adm. 355; 1 W. Rob. Adm. 18.
The criminal jurisdiction of the court has been transferred to the Central Criminal Court by the 4 & 5 Will. IV. c. 36. It ex tended to all crimes and offences committed on the high seas, or within the ebb and flow of the tide and not within the body of a county.
6. The first step in the process in a ple nary action may be the arrest of the person of the defendant, or of the ship, vessel, or furniture ; in which cases the defendant must find bail, or fdOussors in the nature of bail, and the owner must give bonds or stipulations equal to the value of the vessel and her immediate earnings; or the first step may be a monition to the defendant.
In 1840, the form of proceeding in this court was very considerably changed. The advo cates, surrogates, and proctors of the Court of Arches were admitted to practice there; the proceedings generally were assimilated to those of the common-law courts, particu larly in respect of the power to take viva vote evidence in open court; power to com pel the attendance of witnesses and the pro duction of papers ; to ordering issues to be tried in any of the courts of Nisi Prins, and allowing bills of exception on the trial of such issues, and the grant of power to admi ralty to direct a new trial of such issues ; to make rules of court, and to commit for con tempt. The judge may have the assistance of a jury, and in suits for collision he usually decides upon his own view of the facts and law, after having been assisted by, and hear ing the opinion of, two or more Trinity mas ters.
7. A court of admiralty exists in Ireland; but the Scotch court was abolished by 1 Will.
IV. c. 69. See VICE-ADMIRALTY COURTS.
In American Law. A tribunal exercis ing jurisdiction over all maritime contracts, torts, injuries, or offences. 2 Parsons, Merit. Law, 508.
The court of original admiralty jurisdiction in the United States is the United States District Court. From this court causes may be removed, in certain cases, to the Circuit, and ultimately to the Supreme, Court. After a somewhat protracted contest, the jurisdiction of admiralty has been ex tended beyond that of the English admiralty court, and is said to be coequal with that of the English court as defined by the statutes of Rich. II., under the construction given them by the contemporane ous or immediately subsequent courts of admiralty. 2 Parsons, Marit. Law, 508. See 2 Gall. C. C. 398; Day. Diet. Ct. 93; 3 Mae. C. C. 28 ; 1 Stor. C. C. 244; 2 id. 176; 12 Wheat. 611; 2 Cranoh, 406; 4 id. 444; 3 Dall. 297 ; 6 How. 344; 17 id. 399, 477; 18 id. 287 ; 19 id. 82, 239; 20 id. 298, 583.