FREE BOOKS

Author's List




PREV.   NEXT  
|<   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45  
46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   >>   >|  
n in Essex to Redcliff, near Seaford, in Sussex; and with regard to salvage, they comprise all the sea between Seaford in Sussex to a point five miles off Cape Grisnez on the coast of France, and the coast of Essex. An older inquisition of 1526 is given by R.G. Marsden in his _Select Pleas of the Court of Admiralty_, II. xxx. The court is an ancient one. The judge sits as the official and commissary of the lord warden, just as the judge of the high court of admiralty sat as the official and commissary of the lord high admiral. And, as the office of lord warden is more ancient than the office of lord high admiral (_The Lord Warden_ v. _King in his office of Admiralty_, 1831, 2 Hagg. Admy. Rep. 438), it is probable that the Cinque Ports court is the more ancient of the two. The jurisdiction of the court has been, except in one matter of mere antiquarian curiosity, unaffected by statute. It exercises only, therefore, such jurisdiction as the high court of admiralty exercised, apart from restraining statutes of 1389 and 1391 and enabling statutes of 1840 and 1861. Cases of collision have been tried in it (the "Vivid," 1 _Asp. Maritime Law Cases_, 601). But salvage cases (the "Clarisse," _Swabey_, 129; the "Marie," _Law. Rep. 7 P.D._ 203) are the principal cases now tried. It has no prize jurisdiction. The one case in which jurisdiction has been given to it by statute is to enforce forfeitures under the statute of 1538. Dr (afterwards the Right Hon. Robert Joseph) Phillimore succeeded his father as judge of the court from 1855 to 1875, being succeeded by Mr Arthur Cohen, K.C. As Sir R. Phillimore was also the last judge of the high court of admiralty, from 1867 (the date of his appointment to the high court) to 1875, the two offices were, probably for the first time in history, held by the same person. Dr Phillimore's patent had a grant of the "place or office of judge official and commissary of the court of admiralty of the Cinque Ports, and their members and appurtenances, and to be assistant to my lieutenant of Dover castle in all such affairs and business concerning the said court of admiralty wherein yourself and assistance shall be requisite and necessary." Of old the court sat sometimes at Sandwich, sometimes at other ports. But the regular place for the sitting of the court has for a long time been, and still is, the aisle of St James's church, Dover. For convenience the judge often sits at the royal courts of jus
PREV.   NEXT  
|<   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45  
46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   >>   >|  



Top keywords:

admiralty

 

jurisdiction

 
office
 

official

 

commissary

 

ancient

 

statute

 
Phillimore
 

warden

 

succeeded


admiral

 

statutes

 

Cinque

 
Seaford
 
Sussex
 

salvage

 

Admiralty

 
offices
 

appointment

 

person


history
 

regard

 
patent
 

father

 

comprise

 

Joseph

 

Robert

 

Arthur

 

appurtenances

 
regular

sitting

 

Sandwich

 

courts

 
convenience
 

church

 
lieutenant
 
Redcliff
 

assistant

 

members

 
castle

affairs

 
assistance
 
requisite
 

business

 

forfeitures

 

France

 

inquisition

 
probable
 
matter
 

exercises