ralty Courts use no juries, they are not proper courts to try such matters in. To which objection it may, among other things, be answered, that this clause does not in the least take away the jurisdiction, which not only the same Act, but several former Acts of Trade, have given to the Admiralty Courts in the plantations, in cases of unlawful importations and exportations; for the directing the nature and manner of proceeding in one court, when two have the cognizance of the same matters, can, in no construction, take away the power of the other; but from that clause this conclusion, I conceive, may be truly and fairly drawn-viz., that none of the common law courts in the plantations should proceed in such cases but where proper jurymen may be had, so that natives of any other places but England and Ireland and the plantations, or natives even of those places who are any way interested, or who are on any other account not legally qualified, cannot serve on juries, and consequently no such trials can be had in those courts in the plantations where proper jurymen cannot be had; and in such cases the Admiralty Court, as it is always a proper court, will be then the only court to proceed in, and determine breaches of the Acts of Trade. July 23, 1702. J. COOKE. (3.) OPINION of the King's Advocate, SIR JOHN COOKE, on the seizure of a Spanish Brigantine, on the High Seas, by an Uncommissioned Vessel. 1708. MY LORDS,-In obedience to your Lordships' commands, in Mr. Popple's letter of the 25th of February, I have considered the proceedings and merits of the seizure of the Spanish brigantine therein mentioned, and am of opinion that this matter ought to be communicated to the Lord High Admiral, that directions may issue to the proper officers to proceed, in his Lordship's name, in the Court of Admiralty here, in order to have the brigantine condemned, and declared a perquisite of the Admiralty, being seized at sea by a non-commissioned ship. Doctors' Commons, March 3, 1708. J. COOKE. (4.) OPINION of MR. FANE, Counsel to the Board of Trade, on the Admiralty Jurisdiction in the Bahamas. 1729. To the Right Honourable the Lords Commissioners for Trade and Plantations. MY LORDS,-In obedience to your Lordships' commands, signified to me by Mr. Popple's letter of the 6th of this instant (May) wherein your Lordships are pleased to desire my opinion, in point of law, whether the rights of Admiralty in the Bahama Islands are comprehended within the Lords Proprietors' surrender? I have considered of the same, and am humbly of opinion, upon perusal of the original charter of the Bahama Islands, granted by King Charles II, that there are no words in that charter which will carry a grant of Admiralty jurisdiction, and the rights and perquisites thereunto belonging, to the Lords Proprietors; and, therefore, the Lords Proprietors, or any lessee under them, could never have any legal title or pretence thereto, under the charter. May 16, 1729. FRAN. FANE. (5.) OPINION of the King's Advocate, SIR CHRISTOPHER ROBINSON, on the Jurisdiction of Vice-Admiralty Courts. Doctors' Commons, November 20, 1821. MY LORD,-I am honoured with your Lordship's commands of the 8th instant, transmitting sundry despatches from the Governor of the Mauritius, announcing the intention of Mr. Smith, the Judge of the Vice-Admiralty Court there, to extend the jurisdiction of that court to causes over which it has hitherto assumed no control, and pointing out the inconvenience and dissatisfaction likely to result from such a proceeding. And your Lordship is pleased to request that I would report to your Lordship my opinion how far the Court of Vice-Admiralty has properly the jurisdiction recited in the notice of the judge, and how far the colonial courts have a concurrent jurisdiction over transactions such as policies of assurance, charterparties, &c., which, although connected with maritime affairs, have not hitherto been the subject of proceedings in any but the colonial courts ? In obedience to your Lordship's commands, I have the honour to report that the commission of the Judges of the Vice-Admiralty Courts agrees in substance with that of the High Court of Admiralty, and is an instrument of ancient date, and comprehends many subjects, which have been formerly under that jurisdiction, but have been withdrawn, or restrained, by usage or the authority of superior courts. The commission still retains its ancient form, and is acted upon under those limitations in the High Court of Admiralty, according to the principles which have been applied to it, and are as well known as any other general principles on which it proceeds; and I think the same restrictions ought to be applied to the exercise of that jurisdiction in the Vice-Admiralty Courts, except on points on which special jurisdiction may have been given by statute. Mr. Smith appears to have interpreted the commission on these principles in the first instance. And it is scarcely consistent with the admission "that it was not intended to interfere with the existing courts of justice" that an EXTENDED meaning or intention should now be given to it by the notice in December, 1820, proceeding from no declaration of superior authority, but from the direction of the judge only. Under these observations I am humbly of opinion that Mr. Smith should restrain his jurisdiction within the limits of the recognized usage and authority above referred to, and that the Court of Vice-Admiralty has not, at this time, a jurisdiction over transactions of policies of assurance, charterparties, and other civil contracts, which have been withdrawn from the general jurisdiction of the Admiralty of this kingdom. To Earl Bathurst, &c. &c. &c. CHRIST. ROBINSON. (6.) JOINT OPINION of the King's Advocate, SIR CHRISTOPHER ROBINSON, and the Attorney and Solicitor General, SIR R. GIFFORD and SIR J. S. COPLEY, on a Question of Jurisdiction between the Vice-Admiralty and the Colonial Courts at the Cape of Good Hope. Doctors' Commons, September 8, 1821. MY LORD,-We have had the honour to receive your Lordship's commands, transmitting several papers respecting the jurisdiction of the Vice-Admiralty Court at the Cape of Good Hope; and your Lordship is pleased to request our opinion whether the ViceAdmiralty Court has properly cognizance of the case therein described, and similar suits, to the exclusion of the jurisdiction of the Colonial Court; or whether the Colonial Court having been continued by his Majesty in the exercise of the functions originally exercised by them under the Dutch Government, and having then had cognizance of such cases, has not now a jurisdiction over such cases to the exclusion of the Vice-Admiralty Court; and if not, whether the party seizing has an option of carrying the seizure for adjudication either into the one court or the other? In obedience to your Lordship's commands we have taken the same into consideration, and beg leave to report to your Lordship that we think that, according to the general principle of the Navigation Laws, the Court of Vice-Admiralty would have jurisdiction over seizures for breach of those laws at the Cape of Good Hope, but concurrent with the principal Colonial Court; and we do not think that this principle is affected by the special provisions of the 49 Geo. 3, c. 17, which, though a temporary law, we presume has been continued by subsequent Acts, as it is referred to in the papers submitted to us. If, however, any serious doubts are entertained respecting the jurisdiction of the Vice-Admiralty Court, either upon the general principle or in the particular case under consideration, those doubts cannot be removed by any instructions which can be given by his Majesty's Government, or in any other manner, than by appeal from the sentence of the Vice-Admiralty Court or by legislative enactment. To Earl Bathurst, &c. &c. &c. CHRIST. ROBINSON. R. GIFFORD. J. S. COPLEY. (7.) JOINT OPINION of the Queen's Advocate, SIR JOHN DODSON, and the Attorney and Solicitor General, SIR FREDERICK POLLOCK and SIR WILLIAM FOLLETT, on the question whether the Supreme Court of Newfoundland could exercise Vice-Admiralty Jurisdiction out of Term. Temple, March 12, 1842. SIR,-We beg to acknowledge the receipt of your letter of the 12th ult., wherein you state you had been directed by Lord Stanley to transmit to us the enclosed copy of a despatch from the Governor of Newfoundland, communicating the opinion of the Judges of the Supreme Court, that under the provisions of the imperial statute which invests them with jurisdiction in certain Admiralty cases, they can proceed in such cases in Term time only, and submitting the propriety, if that opinion be well-founded, of reviving the office of Judge of the Vice-Admiralty Court with a view to the more speedy trial of revenue suits. And you were pleased to request that we would take the subject into our consideration, and report to his Lordship our opinion whether the Supreme Court of Newfoundland, in the exercise of the ViceAdmiralty jurisdiction conferred on it by the statute 5 Geo. 4, c. 67, is or is not at liberty to sit out of Term; and if not, whether the existence of that Act of Parliament will not prevent the exercise by Her Majesty, in her office of Admiralty, of the power of establishing a Vice-Admiralty Court at Newfoundland? In obedience to his Lordship's commands, we have the honour to report that the Supreme Court of Newfoundland, in the exercise of the Vice-Admiralty jurisdiction conferred on it by the statute 5 Geo. 4, c. 67, is not at liberty to sit out of Term, and that the existence of that Act of Parliament will not prevent the exercise by Her Majesty, in her office of Admiralty, of the power of establishing a Vice-Admiralty Court at Newfoundland. G. W. Hope, Esq., &c. &c. &c. J. DODSON. (8.) JOINT OPINION of the Queen's Advocate, SIR J. DODSON, and the Attorney and Solicitor General, SIR J. ROMILLY and SIR A. E. COCKBURN, on the Power of the Crown to issue Commissions under 46 Geo. 3, c. 54, notwithstanding 12 & 13 Vict. c. 96. Lincoln's Inn, February 26, 1851. MY LORD,-We were honoured with your Lordship's commands, signified in Mr. Merivale's letter of the 15th instant, in which he stated that he was directed by your Lordship to transmit to us the enclosed despatch from the Governor of Antigua. Mr. Merivale then stated that the Anegada Reef, mentioned in this despatch, is H |