The Gazette 1984

JULY/AUGI JST 1984

GAZETTE

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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