Vice-Admiralty Process Restriction Act 1848 No 7a (NSW)

No. XLVL

Vice-Admiralty

P rocessK estrictkin. An Act to prevent frivolous and vexations Arrests of Ships and Vessels or the Masters or Coin- nianders thereof by process issuing* out of the Vice-Admiralty Court of New South Wales.

June, 1848.]

Preamble. T ^T H E R E A S many and vossels arriving and licing within tlio

T T limits of the Colony of New South Wales have hoen tVivoloualy

and vexatioiisly arrested by process issuing out of the Mce-Admiralty Court of the said Colony in suits for seamen’s wages in many cases in which the said Court of Vice-Admiralty had no jurisdiction over such ships or vessels or the master or commander thereof on account of the

contract

1848. i r VIC. No. 47. 1791

Toslacjc.

contract between tlic master of the said ship or vessel and of the

mariners thereof liavin" l)ccn of a S2)ecial nature and such as the said

Court of Vice-Admiralty could not adjudi(!ate upon And whereas great delay inconvenience and expense liave been incurred by such arrests

and it is desirable that tlie same should in future be [jrevf'uted B(! it wiifiea vcsscIovUk̂

therefore enacted by l l is Excellency the Governor of N(nv South AVales

witli the advice and consent of tlie Legislative Coimeil thereof Tliat issuiii-out oi'die

Avhenever any shij) or vessel or tlie master or commander thereof shall

be arrested bv any process issuin" out of the Vice-Admiralty Court of gimitea by die sn New South Wales for any matter or tiling not Avithin tlie jurisdiction or partiiH or of the said Court of Vice-Admiralty the complainant or comidainants

or ju’oraovent or jiromovcnts in any such proceeding and the proctor	'	'
of such complainant or complainants ])romovcnt or proraovents shall
and are hereby declared liable to ]>ay the costs of all such jiroei'cdings
both in the Court of Vice-Admiralty and in theSujircme Court in case
a Avrit of prohibition should be granted to be taxed asbetAveen attorney
and client and in default of jiaynnait of such costs a Avrit of attachment shall and may be issued out of the said Supreme Court against the
party or parties at aa'I iosc suit such sin}! or vessel or the master or
commander thereof shall liaA c been arrested and the proctor of such
party or parties.

2. And be it enacted That it shall and may be laAA'ful lor tlie Da7n;i.n:es may be g

master or commander of e\'ery such ship or A'essel Avhich shall haAm

bi'cn so arrested in any such jArocei'ding or any other peu’son or persons action ontiie ease by

Avho shall or may directly or indirectly be injured or sustain any damage sustabiin./mjn'ô

through or by means of any such shi]) or vessel or the master or com­ mander thereof being arrested in any such jiroceeding to sue for and recoA'or of and from the party or parties causing such slii )̂ or vessel or the master or commander thereof to be arrested as aforesaid or the jiroctor of such party or parties in any such proceeding as aforesaid all and singular such damages as he or they may have sustained or I k; put to by any such arrest as aforesaid in an action on the case to be brought in any Court of com^ietmit jurisdicl ion in the said Colony.

3. And be it enacted That a copy of the ship’s articles and the Copy oi Hiiip’s

signatures thereto as aa’cII as a copy of the register (duly jiroAa'd on any trial to be a true co]>y of such ship’s articles or register) of any such ship or Amssel which shall liaA’C been arrested under any process issuing out of the ATce-Admiralty Court shall be evidenec of IIk; con­ tents of such shiji’s articles and of the signatures tlu'rido and ol' tlie register of such ship or vessel as aforesaid in all civil and criininal proceedings.