Admiralty

The admiralty is the only court where such a question can be tried; for what other court, but a court of admiralty, has jurisdiction to try a question of salvage?

In England. A court which has a very extensive jurisdiction of maritime causes, civil and criminal. A court of admiralty exists in Ireland, but the Scotch court was abolished by 1 Wm. IV. c. 69. See "Vice Admiralty Courts." In American Law. A tribunal exercising jurisdiction over all maritime contracts, torts, injuries, or offenses. 2 Pars. Mar. Law, 508. The court of original admiralty jurisdiction in the United States is the United States district court. From this court caus- ADMISSION (Lat. ad, to; mittere, to send). In Evidence. Concession or voluntary acknowledgment made by a party of the existence or truth of certain facts. As distinguished from a confession, the term is applied to civil transactions, and to matters of fact in criminal cases where there is no criminal intent. See "Confession." As distinguished from consent, an admission may be said to be evidence furnished by the party's own act of his consent at a previous period. Direct, called also "express," admissions, are those which are made in direct terms. Implied admissions are those which result from some act or failure to act of the party. Incidental admissions are those made in some other connection, or involved in the admission of some other fact. See 1 Greenl. Ev. § 194. In Pleading. The acknowledgment or recognition by one party of the truth of some matter alleged by the opposite party. Partial admissions are those which are delivered in terms of uncertainty, mixed up with explanatory or qualifying circumstances. Plenary admissions are those which admit the truth of the matter without qualification, whether it be asserted as from information and belief, or as from actual knowledge. At Law. In all pleading in confession, an admission of the truth of the opposite party's pleading is made. Express admissions may be made of matters of fact only. Of Attorneys. The act by which attorneys and counsellors become recognized as ofiicers of the court, and are allowed to practice. The qualifications required vary widely in the different states. In Corporations or Companies. The act of a corporation or company by which an individual acquires the rights of a member of such corporation or company. In trading and joint-stock corporations, no vote of admission is requisite; for any person who owns stock therein, either by original subscription or by conveyance, is in general entitled to, and cannot be refused, the rights and privileges of a member. 3 Mass. 364; Doug. 524; 1 Man. & R. 529. ADMI8SI0NALI8.

In European law. An usher. Spelman.

A court which has a very extensive jurisdiction of maritime causes, civil and criminal. On the revival of commerce after the fall of the Western empire, and the conquest and settlement by the barbarians, it became necessary that some tribunal should be established that might hear and decide causes that arose out of maritime commerce. The rude courts established by the conquerors had properly jurisdiction of controversies that arose on land, and of matters pertaining to land, that being at the time the only property that was considered of value. To supply this want, which was felt by merchants, and not by the government or the people at large, on the coast of Italy and the northern shores of the Mediterranean, a court of consuls was established in each of the principal maritime cities. Contemporaneously with the establishment of these courts grew up the customs of the sea, partly borrowed, perhaps, from the Roman law, a copy of which had at that time been discovered at Amalfi, but more out of the usage of trade and the practice title under Code. The first collection of these customs Is said to be as early as the eleventh century; but the earliest authentic evidence we have of their existence is their publication, in 1266, by Alphonso X., King of Castile-; 1 Pardessus, Lois ilai Uimes, 201. See 3 Kent 16. On Christmas of each year, the principal merchants made choice of judges for the ensuing year, and at the same time of judges of appeal, and their courts had jurisdiction of all causes that arose out of the custom of the sea, that is, of all maritime causes whatever. Their judgments were carried into execution, under proper officers, on all movable property, ships as well as other goods, but an execution from these courts did not run against land; Ordonnunce de Valcntia, 12S3, c. 1, §§ 22, When this species of property came to be of sufficient importance, and especially when trade on the sea became gainful and the merchants began to grow rich, their jurisdiction in most maritime states was transferred to a court of admiralty; and this is the origin of admiralty jurisdiction. The admiral was originally more a military than a civil officer, for nations were then more warlike than commercial; Ordonnance de Louis XIV., liv. 1; 2 Lirown, Civ. & Adm. Law, c. 1. The court had jurisdiction of all national affairs transacted at sea, and particularly of prize; and to this was added jurisdiction of all controversies of a private character that grew out of maritime employment and commerce; and this, as nations grew more commercial, became in the end its most important jurisdiction. The admiralty is, therefore, properly the successor of the consular courts, which were emphatically the courts of merchants and sea-going persons. The most trustworthy account of the jurisdiction thus transferred is given in the Ordonnance de Louis

A court exercising jurisdiction over maritime causes, both civil and criminal, and marine affairs, commerce and navigation, controversies arising out of acts done upon or relating to the sea, and over questions of prize Also, the system of jurisprudence relating to and growing out of the jurisdiction and practice of the admiralty courts.

In English law. The executive department of state which presides over the naval forces of the kingdom. The normal head is the lord high admiral, but in practice the functions of the great office are discharged by several commissioners, of whom one is the chief, and is called the "First Lord." He is assisted by other lords and by various secretaries. Also the court of the admiral. The building where the lords of the admir-, alty transact business.

In American law. A tribunal exercising jurisdiction over all maritime contracts, torts, injuries, or offenses. 2 Pars. Mar. Law, 508; New England Marine Ins. Co. v. Dunham, 11 Wall. 1, 23, 20 L. Ed. 90; De Lovio v. Boit, 2 Gall. 398, Fed. Cas. No. 3,776; The Belfast v. Boon, 7 Wall. 624, 19 L. Ed. 266; Ex parte Easton. 95 U. S. 68, 72, 24 L. Ed. 373.

A court having jurisdiction of all maritime causes, civil and criminal. The civil jurisdiction is twofold, embracing controversies arising out of maritime contracts, and the adjudication of maritime captures and seizures. In England the jurisdiction extends over the high seas and tide waters and those parts of the coast which are not within the body of any county. In the United States it extends also over all public lakes and rivers on which commerce is carried on between states, and is vested in the federal district courts.

A court exercising jurisdiction over maritime causes, both civil and criminal, and marine affairs, commerce and navigation, controversies arising out of acts done upon or relating to the sea, and over questions of prize. Also, the system of jurisprudence relating to and growing out of the jurisdiction and practice of the admiralty courts.

In English law. The executive departthe lord high admiral, but in practice the functions of the great office are discharged by several commissioners, of whom one is the chief, and iscalled the “First Lord.” He is assisted by other lords and by various secretaries. Also, the court of the admiral. The building where the lords of the admiralty transact business.

In American law. A tribunal exercising jurisdiction over all maritime contracts, torts, injuries, or offenses. 2 Pars. Mar. Law, 508.

A court exercising jarisdiction over controversies arising out of the navigation of public waters; also, the system of jurisprudence which pertains to such controversies. So named because, in England, originally held before the lord high admiral.^ " The judicial Power shall extend... to all cases of Admiralty and maritime Jurisdiction." ^ The principal. subjects of admiralty jurisdiction are maritime contracts and maritime torts, including captures jure belli^ and seizures on water for municipal and revenue forfeitures. (1) Contracts, claims, or service, purely maritime, and touching rights and duties appertaining to commerce and navigation. (3) Torts and injuries of a civil nature committed on navigable rivers. Jurisdiction in the former case depends upon the nature of the contract, in the latter entirely upon the locality.' The jurisdiction is not limited to tide-waters, but extends to all public navigable lakes and rivers, where commerce is carried on between different States, or with a foreign nation — wherever ships float or navigation successfully aids commerce.^ Courts of admiralty exist in all commercial countries, for the safety and convenience of commerce, the speedy decision of controversies where delay would often be ruin, and to administer the laws of nations in seasons of war, as to captures, prizes, etc... A wide range of jurisdiction was necessary for the benefit of commerce and navigation; these needed courts acting more promptly than courts of common law and not entangled with the niceties and strictness of common-law pleadings and proceedings.... The acts of 1789 and 1845 save a concurrent remedy at common law in any Federal or Stats' court, and secure a trial by jury as a matter of right in the admiralty courts. Congress may modify the practice in any respect it deems conducive to the administration of i justice.^ By the act of September 24, 1789, § 9, the district ' Smith V. Chapman, 93 U.' S. ^ (1876); 8 Wheat. 676; 5 Cranch, 19; 15 Johns. 333; 89 N. C. 416; IS S. C. 352; 2 Kent, 417. 2 4B1. Com. 268. 3 Constitution, Art. m, sec. 2. ' The Belfast, 7 Wall. 637 (1868), cases, Clifford, J.; New England Ins. Co. v. Dunham, 11 id. 29, 31 (1870). >The Genesee Chief v.- Fitzhugh, 12 How. 454-59 (1851), Taney, C. J.; The Hine v. Trevor, 4 Wall. 562-70 (1866), cases; The Belfast, 7 id. 639-41 (1868); The Eagle, 8 id. 20-36 (1868); New England Ins. Co. v. Dunham, 11 id. 23-39 (1870); Mxp. Easton, 95 U. S. 70 (1877). •The Genesee Chief, supra; N. E. Ins. Co. v. Duncourts have exclusive original cognizance " of all civil causes of admiralty or maritime jurisdiction; saving to suitors in all cases the right of a common-law remedy, where the common law is competent to give it." ' The saving does not authorize a proceeding in rem to enforce a maritime lien, in any common-law ~ court. Common-law remedies are not applicable to enforce such a lien, but are suits in personam, though such suits, under special statutes, may be commenced by attachment of property. = The act of February 26, 1845, limits the powers granted by the act of 1789, as regards cases arising upon the " lakes, and navigable waters connecting said lakes;" limits jurisdiction, to vessels of twenty tons burden or upward, enrolled or licensed for the coasting trade, or employed in commerce between places in different States;, and grants a jury trial if either party demands it. The jurisdiction is expressly inade concurrent with such remedies as may be given by State laws. Otherwise, the jurisdiction granted by the act of 1789 is exclusive in the district courts.' Jurisdiction, in "civil cases," extends to all contracts, claims, and services essentially maritime: among which are bottomry bonds, contracts of affreightment and contracts for convej'ance of passengers, pilotage on the high seas, wharfage, agreements of consort-ship, surveys of vessels, damages by the perils of the seas, the claims of material-men and others for the repair and outfit of ships belonging to foreign nations or to other States, and the wages of mariners; and also to civil marine torts and injuries, among which are assaults and other personal injuries^ collisions, spoliation and damage, illegal seizures or other depredations of property, illegal disposition or withholding possession from the owners of ships, controversies between part owners as to the employment of ships, municipal seizures of ships, cases of salvage and marine insurance.* Admiralty courts are international courts. As originally constituted they are the appropriate tribunals for controversies between foreigners.* They hav^ jurisdiction of collisions on the high seas between vessels owned by foreigners of different nationalities. • They may estimate damages for death by negligence, when the court has jurisdiction of the vessel ajod of the subject-matter.' In England there are two courts: the "instance" and the " prize " court, qq. v. The same judge presides in both. In the United States this double jiu'isdiction is vested in the district court.* 1 R. S., § 563, (8). 2 The Belfast, 7 Wall. 644, 625 (1868); The Moses Taylor; 4 id. 428-31 (1866); The Hine, ib. 568 (1866). s R. S. § 566; The Hine, 4 Wall. 569(1866); The Eagle, 8 id. 20-26 (1868); 3 Kent, 365. < Exp. Easton, 96 U. S. 68 (1877), Clifford, J. See also De Lovio V. Bolt, 3 Gall. 398 (1815), Story, J.; 4 Woods, 367; 17 F. B. 387-88, cases. ^Thomassen v. Whitwell, 9 Bened. 115 (1877); The Belgenland, 114 U. S. 355, 361 (1886). « The Luna, 13 Rep. 6 (E. D. Pa., 1881). A "mixed case "in admiralty is a contract ■which does not depend altogether upo^i locality as the test of jmisdiction; as, a contract for supplies, a charterparty, and the like; but not a tort begun on land and completed on navigable water,' nor a policy of insurance upon a ship and its cargo against marine perils.* The libelant propounds the substantive facts, prays for appropriate relief, and asks for process suited to the action, which is in rem or in personam. The respondent answers those facts by admitting, denying, or declaring his ignorance thereof, and alleges the facts of his defense to the case made by the libel. The proofs must substantially agree with the allegations. There are no common-law rules of variance or departure. The court grants relief on the case made out.' The criminal jurisdiction of the Federal courts does not extend to the Great I^akes and their connecting waters; as, for example, the Detroit river. See Ska, High.* See further Accident; Canal; Collision, 2; Co NsoKT, 2; Damages; Fidejdssok; Lakes; Libel, 4; Marine; MAHrriME; Monition; Navigable; PETrroRT; Res, 2; Sea; Stipulation, 1; Tide; Tort, 2.

A court having jurisdiction of marine affairs and maritime causes, civil and criminal. Sometimes also of prize ques-

or COURT OF ADMI-