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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A74494 An act for setling the jurisdiction of the Court of Admiralty England and Wales. Parliament. 1653 (1653) Thomason E1062_9; ESTC R209397 1,547 4

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AN ACT For setling the JURISDICTION OF THE Court of Admiralty FOrasmuch as many Inconveniences do daily arise in relation both to the Trade of this Common-wealth and to the commerce with Forreign Parts through the uncertainty of Iurisdiction in the Tryal of Miratine Causes Be it Enacted by this present Parliament and by the Authority of the same That the Court of Admiralty shall have Cognizance and Iurisdiction against the Ship or Vessel with the Tackle Apparel and Furniture thereof in all Causes which concern the Repairing Victualling and furnishing Provisions for the setting of such Ships or Vessels to Sea and in all causes of Bottomry And likewise in all causes of Contract made beyond the Seas concerning Shipping or Navigation or Damages happening thereon or other Damages arising at Sea in any Voyage And likewise in all causes of Charter-Parties or Contracts for Fraight Bills of Lading Mariners wages or damages in Goods laden aboard Ships or damages done by one Ship or Vessel to another or by Anchors or want of laying of Buoys Except always That the said Court of Admiralty shall not hold Pleas or admit Actions upon any Bills of Exchange or Accompts betwixt Merchant and Merchant or their Factors And be it Enacted That in all and every the matters aforesaid the said Admiralty Court shall and may proceed and take Recognizances in due form and hear examine and finally End Decree Sentence and Determine the same according to the Laws and Customs of the Sea and put the same Decrees and Sentences in execution without any let trouble or impeachment whatsoever Any Law Statute or Vsage to the contrary heretofore made in any wise notwithstanding Saving always and reserving to every person and persons that shall finde or think themselves agrieved by any Sentence defintive or Decree having the force of a definitive sentence or importing a Damage not to be repaired in the definitive Sentence given or interposed in the Court of Admiralty in all or any the Cases aforesaid their Right of Appeal in such form as hath heretofore been used from such Decrees or Sentences in the said Court of Admiralty And be it further Enacted by the Authority aforesaid That John Godolphin Doctor of the Civil Law William Clark Doctor of the Civil Law and Charls-George Cock Esq shall be and are hereby appointed and constituted the present Iudges of the said Court of Admiralty and they or any two of them are Authorized Impowred and Required to exercise the Office and Offices of Iudges of the said Court And that each and every of them that shall be present at the giving any Definitive Sentence in the said Court shall at the same time or before such Sentence given openly in Court deliver his Reasons in Law of such his Sentence or of his Opinion concerning the same And shall also openly in Court give answers and solutions as far as he may to such Laws Customs or other matter as shall have been brought or alledged in Court on that part against whom such Sentence or Opinion shall be given or declared respectively Provided and be it Enacted That if any of the said Iudges of the said Court of Admiralty shall in the execution of his said Office either directly or indirectly upon any Claim or Pretence whatsoever take or receive by himself or others of any of the People of this Commonwealth or of any other person whatsoever on this side or beyond the Seas any Bribe or Bribes Fee or Fees sum or sums of Money other then such Salaries Fees and sums of Money as shall be granted and allowed unto them for their service by Order of Parliament and shall be thereof convicted before the Councel of State who are hereby required to send for the party offending upon complaint made by proof upon Oath of two substantial Witnesses or other clear Evidence That then every such Iudge so offending shall forfeit the said Salary or Stipend to the Commonwealth and shall be immediately removed from his said Place and Office of Iudicature and be rendred uncapable of all Publique Trust and Imployment in the Common-wealth of England for ever after Provided That this Act shall continue and be in force until the Five and twentieth day of March One thousand six hundred fifty and four and no longer Saturday the 30th of Iuly 1653. ORdered by the Parliament That this Act be forthwith Printed and Published Hen Scobell Clerk of the Parliament London Printed by Iohn Field Printer to the Parliament of England 1653.