- Is commenced by Administration of Justice Proclamation, 1919
- Commences Admiralty Court Act, 1840
- Commences Admiralty Court Act, 1861
Colonial Courts of Admiralty Act, 1890
- Commenced on 1 January 1920 by Proclamation of 1919
- [This is the version of this document from 25 July 1890 and includes any amendments published up to 6 October 2022.]
TRANSFER TO SOUTH WEST AFRICA: The administration of admiralty law does not appear to have been transferred to South West Africa.
In South Africa, the Colonial Courts of Admiralty Act, 1980 was repealed in so far as it relates to prizes by the Prize Jurisdiction Act 3 of 1968 (RSA GG 2000). This Act was made applicable to South West Africa by section 6, which states “This Act and any amendment thereof shall apply also in the territory of South-West Africa, including the Eastern Caprivi Zipfel referred to in section 3 of the South-West Africa Affairs Amendment Act, 1951 (Act No. 55 of 1951), and in relation to all persons in that portion of the said territory known as the "Rehoboth Gebiet" and defined in the First Schedule to Proclamation No. 28 of 1923 of the said territory.” However, Act 3 of 1968 never came into force in respect of South Africa or South West Africa.
The Colonial Courts of Admiralty Act, 1980 was repealed “in so far as it applies in relation to the Republic, except in so far as it relates to prize matters”, by the Admiralty Jurisdiction Regulation Act 105 of 1983 (RSA GG 8891) – which was not made applicable to South West Africa.]ACTAn Act to amend the Law respecting the exercise of Admiralty Jurisdiction in Her Majesty’s Dominions and elsewhere out of the United Kingdom.[In the original British Act, the ARRANGEMENT OF SECTIONS appears above the long title of the act. It has been moved here for consistency with other Namibian statutes.]BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:[Capitalisation throughout is reproduced as it appears in the British law, as published on the UK Government website: www.legislation.gov.uk.]
1. Short titleThis Act may be cited as the Colonial Courts of Admiralty Act, 1890.
2. Colonial Courts of Admiralty
1996 NR 18 (HC) at 27H-28D; Namibia Ports Authority v M V ‘Rybak Leningrada’ 1996 NR 355 (HC) at 361; International Underwater Sampling Ltd & Another v MEP Systems Pte Ltd 2010 (2) NR 468 (HC) at para 1, 2011 (1) NR 81 (SC) at para 1; The Shipping Corporation of India Ltd v Evdomon Corporation and Another 1994 (1) SA 550 (A) at 559H-560C; and Trivett & Co, (Pty) Ltd and Others v
WM Brandt's Sons & Co Ltd and Others 1975 (3) SA 423 (A).]
3. Power of Colonial legislature as to Admiralty jurisdictionThe legislature of a British possession may by any Colonial law,
4. Reservation of Colonial law for Her Majesty’s assentEvery Colonial law which is made in pursuance of this Act, or affects the jurisdiction of or practice or procedure in any court of such possession in respect of the jurisdiction conferred by this Act, or alters any such Colonial law as above in this section mentioned, which has been previously passed, shall, unless previously approved by Her Majesty through a Secretary of State, either be reserved for the signification of Her Majesty’s pleasure thereon, or contain a suspending clause providing that such law shall not come into operation until Her Majesty’s pleasure thereon has been publicly signified in the British possession in which it has been passed.
5. Local Admiralty appealSubject to rules of court under this Act, judgements of a court in a British possession given or made in the exercise of the jurisdiction conferred on it by this Act, shall be subject to the like local appeal, if any, as judgements of the court in the exercise of its ordinary civil jurisdiction, and the court having cognisance of such appeal shall for the purpose thereof possess all the jurisdiction by this Act conferred upon a Colonial Court of Admiralty.
6. Admiralty appeal to the Queen in Council
7. Rules of court
8. Droits of Admiralty and of the Crown
9. Power to establish Vice-Admiralty Court
10. Power to appoint a vice-admiralNothing in this Act shall affect any power of appointing a vice-admiral in and for any British possession or any place therein; and whenever there is not a formally appointed vice-admiral in a British possession or any place therein, the Governor of the possession shall be ex-officio vice-admiral thereof.
11. Exception of Channel Islands and other possessions
12. Application of Act to courts under Foreign Jurisdiction ActsIt shall be lawful for Her Majesty the Queen in Council by Order to direct that this Act shall, subject to the conditions, exceptions, and qualifications (if any) contained in the Order, apply to any Court established by Her Majesty for the exercise of jurisdiction in any place out of Her Majesty’s dominions which is named in the Order as if that Court were a Colonial Court of Admiralty, and to provide for carrying into effect such application.
13. Rules for procedure in slave trade matters
14. Orders in CouncilIt shall be lawful for Her Majesty in Council from time to time to make Orders for the purposes authorised by this Act, and to revoke and vary such Orders, and every such Order while in operation shall have effect as if it were part of this Act.
15. InterpretationIn the construction of this Act, unless the context otherwise requires,-The expression “representative legislature” means, in relation to a British possession, a legislature comprising a legislative body of which at least one half are elected by inhabitants of the British possession.The expression “unlimited civil jurisdiction” means civil jurisdiction unlimited as to the value of the subject-matter at issue, or as to the amount that may be claimed or recovered.The expression “judgment” includes a decree, order, and sentence.The expression “appeal” means any appeal, rehearing, or review; and the expression “local appeal” means an appeal to any court inferior to Her Majesty in Council.The expression “Colonial law” means any Act, ordinance, or other law having the force of legislative enactment in a British possession and made by any authority, other than the Imperial Parliament or Her Majesty in Council, competent to make laws for such possession.
16. Commencement of Act
17. Abolition of Vice-Admiralty CourtsOn the commencement of this Act in any British possession, but subject to the provisions of this Act, every Vice-Admiralty Court in that possession shall be abolished; subject as follows,-
18. RepealThe Acts specified in the Second Schedule to this Act shall, to the extent mentioned in the third column of that schedule, be repealed as respects any British possession as from the commencement of this Act in that possession, and as respects any courts out of Her Majesty’s dominions as from the date of any Order applying this Act:Provided that -
History of this document
01 January 1920
25 July 1890 this version
Published in None number None