COURT OF VICE-ADMIRALTY

Admiralty Courts had existed in England since the late middle ages, with jurisdiction over civil matters arising from actions committed on the high seas; they applied Roman civil law, in the form of customary marine laws.⁽¹⁰⁵⁾ Courts of Vice-Admiralty were established in most English colonies, with the first appearing in the American colonies in 1697. The Courts were never established by colonial legislation; rather, the Judge of the High Court of Admiralty in England issued special commissions to the colonial governors, authorizing them to erect such courts and appoint the necessary officials. By English statutes, the Courts had jurisdiction over traditional maritime matters (wages, problems of salvage, bottomry, petitory and possessory suits, contracts, and some torts), over prize cases, over violations of the revenue acts (which in England were tried in the Courts of Exchequer), and over cases involving the cutting of wood reserved for the King. The jurisdiction of the Courts over revenue matters was concurrent with the common law courts, and it was up to the prosecuting customs officials to decide where a case was to be tried.⁽¹⁰⁶⁾

Establishment and Jurisdiction

As in the American colonies, the Court of Vice-Admiralty in Quebec and Lower Canada was never established by colonial legislation, since it was entirely governed by English statute law. A Judge of the Court of Vice-Admiralty in Quebec was appointed by commission in August 1764,⁽¹⁰⁷⁾ and the Court was probably in operation soon thereafter. The earliest reference to the Court in the colonial legislation was in an ordinance of 1780 which set the fees allowed in the Court, and it was mentioned sporadically in a number of ordinances and acts thereafter. It remained in existence in Quebec and Lower Canada throughout the period covered by this guide.

The Court had the same jurisdiction as its counterparts in other colonies. Its principal business seems to have been in matters concerning the enforcement of the revenue laws. As it was an imperial institution, the jurisdiction of the Court of Vice-Admiralty superseded that of the regular courts; as such, legislation outlining the jurisdiction of the latter often specifically excluded matters which were wholly within the jurisdiction of the Court.

Composition and Sessions

The Court was held by the Judge of the Court of Vice-Admiralty. Initially, the sessions were held at the discretion of the Judge. However, from 1832, the Judge was required to hold regular sessions of the Court at short intervals.

Revision

Judgements of the Court in certain cases could be appealed to the High Court of Admiralty in London, as determined by specific English statutes.

Legislation

20 George III c.3 (1780) (in force 1780-1788)
Setting the fees allowed in the Court of Vice Admiralty.

Imperial Order in Council June 27, 1832
Requiring that the Judge hold regular sessions of the Court.

Other Sources

Statutes of the Imperial Parliament: Merchant Shipping, Customs, Passengers, Steam Navigation ... (Montreal, 1853).

Stuart, George O'Kill ed. Cases Selected from those Heard ... in the Vice-Admiralty Court for Lower Canada ... Preceded by the Rules and Regulations Established under the Authority of the Imperial Parliament (London, 1858)

Page content last updated 2004-02-18