Broome Local Court Admiralty Jurisdiction Act 1917 (WA)

ANNO OCTAVO

GEORGII QUINTI REGIS,

XVI.

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No. 2 of 1918.

AN ACT to confer limited Admiralty Juris- diction upon the Local Court at Broome, and for other relative purposes.

[Reserved 24th, March, 1918.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows :—

Short title. 1. This Act may be cited as the Broome Local Court Ad-

miralty Jurisdiction Act, 1917.

Limited jurisdiction 2. Subject to the limitations and provisions of this Act,

fared on Loom, the Local Court at Broome shall have such and the like ad-	in Admiralty con-
Court at Broome. miralty jurisdiction as is possessed by the Supreme Court in

respect of the following matters, that is to say :-

(1.) Claims for seamen's wages :

(2.) Claims for Master's wages and for his disbursements

on account of the ship.

Limitations on 3. The jurisdiction of the Court shall not extend to cases in

jurisdiction. which-

8 GEo. 5.] Broome Local Court—Admiralty [1918, No. 2.

Jurisdiction.

(1.) The ship in respect of which the claim is made ex-

ceeds one hundred and fifty tons burden ; or

(2.) The amount of the claim exceeds one hundred pounds ; and no action shall be maintained in the Court unless the ship in respect of which the claims is made is at the time of the commencement of the action within Western Australia, or the territorial waters thereof, and north of the Tropic of Capricorn.

4.    Actions in the Court under this Act shall be of two kinds, Forms of action.

actions in rem and actions in personam.

5.    Every action shall be commenced by a summons which, Commencement of

before being issued, shall be indorsed with a statement of the actions.

nature of the claim and of the relief or remedy required and of

the amount claimed. Forms of summons and of the indorse-

ments thereon appear in the schedule hereto and are therein

numbered 1 and 2.

There shall be subscribed on every summons memoranda and notices in the form set out in the said Schedule and num-	Memoranda andnotices to be sub-
scribed on sum-
bered 3 therein.	mons.

6.

In an action in rem, a warrant for the arrest of the ship according to the form numbered 4 in the said Schedule may be issued by the Clerk of the Court, at the time of or at any time after the issue of the summons, on an affidavit being filed as prescribed.	Warrant of arrest.
No pleadings.

7.

8.    Every action shall be heard without pleadings.

9. The provisions of Part II. (Courts, Magistrates, and Parts of the Local tCoou itiso Ace : to gpiltys

Officers), Part VII. (Appeals, etc.), Part VIII. (Enforcement

of judgments), and Part IX. (Supplemental provisions) of the Admiraltya jurisdic

1904, shall (so far as applicable) apply to the hon. -Local Courts Act,

Court in its Admiralty Jurisdiction.

10. Subject to this Act and to any rules of court to be made tiil °PtIZOf riles of maity

by the Governor, the rules and table of fees annexed to the courts.

Order in Council made on the twenty-third day of August,

1883, by Her late Majesty Queen Victoria, under the Vice

Admiralty Courts Act, 1863, are hereby (so far as applicable) established and shall be in force in the Court in its Admiralty Jurisdiction : Provided that in the application of such rules and table of fees :-

"Court" shall have the same meaning as in this Act ;

" Registry " shall mean the office of the Court ;

" Judge " shall mean the Magistrate of the Court ;

" Registrar " shall mean the Clerk of the Court :

1918, No. 2.] Broome Local Court—Admiralty [8 GEO. 5.

Jurisdiction.

" Marshal " shall mean the Bailiff of the Court ; and

" Writ of summons " shall mean a summons issued

under this Act.

Interpretation. 11. In this Act, subject to the context-

" Court " means the Local Court at Broome ;

" Prescribed " means prescribed by rules made applic-

able by this Act or by rules of Court made by the

Governor ;

" Ship " includes every description of vessel used in navigation not propelled by oars only, whether British or Foreign.

Schedule.

FORMS.

1.—Summons in rem.

In the Local Court at Broome.

In Admiralty.

A.B. of (and C.D.) of

Plaintiff (s),

against

The Ship

To the Owners and all others interested in the Ship

Action for (state name of action).

You are hereby required, within one week after the service of this summons, exclusive of the day of such service, to cause an appearance to be entered for you in the Local Court at Broome in the abovenamed action, and take notice that in default of your so doing the said action may proceed and judgment may be given in your absence.

8 GEO. 5.] Broome Local Court—Admiralty [1918, No. 2.

Jurisdiction.

Indorsements to be made on the Summons before the issue thereof.

The Plaintiffs, as seamen on board the ship "Elsie," claim the sum

of £ for wages due to them as follows and for costs :—

To A.B. £ , for two months wages from the clay

of to the day of

To C.D. £ , for two months wages from the day

of	to the	day of
Or

The plaintiff claims the sum of £ for his wages and disbursements as

master of the ship Elsie, and to have an account taken thereof and

for costs.

(or as the case may be.)

2.—Summons in personam.

in the Local Court at Broome.

In Admiralty.

Between

A.B. of

(and C.D.) of

Plaintiff (s),

and

The Owners of the Ship

(or as the case may be).

Action for (state nature of action',

To E.E. of and G.H. of

I require you, within one week after the service of this summons, exclusive of the day of such service, to cause an appearance to be entered for you in the Local Court at Broome in the abovenamed action: And take notice that in de- fault of your so doing the said action may proceed and judgment may be given in your absence.

1918, No. 2.] Broome Local Court—Admiralty [8 GEO. 5.

Jurisdiction.

3.—Memoranda and notices to be indorsed en Summonses.

This summons may be served within six months from the date thereof, exclusive

of the day of such date but not otherwise.

The Defendant (s) may appear hereto by entering (an) appearance (s) either

personally or by solicitor at the office of the Court situate at

Any such appearance may be delivered at such office or may be sent by post

or telegram and shall be according to the form following :—

in the Local Court at Broome

In Admiralty.

A. B.

v.

SHIP

(or as the case may be).

I, C.D. of appear in this action,

Dated this day of , 19

C.D., Defendant

Or

C.D., Defendant by his Solicitor, X.Y.

My address for service is

The plaintiffs claim is indorsed hereon,

4.—Warrant.

(Title as in Form 1.)

To the Bailiff of the Local Court at Broome.

I hereby require you to arrest the ship and to

keep her under safe arrest until you shall receive further orders from this Court.