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[Cites 0, Cited by 1] [Section 2] [Entire Act]

Union of India - Subsection

Section 2(3) in Colonial Courts of Admiralty Act, 1890

(3)Subject to the provisions of this Act any enactment referring to a Vice-Admiralty Court, which is contained in an Act of the Imperial Parliament or in a Colonial law, shall apply to a Colonial Court of Admiralty, and be read as if the expression "Colonial Court of Admiralty" were therein, substituted for "Vice-Admiralty Court" or for other expressions respectively referring to such Vice-Admiralty Courts or the Judge thereof, and the Colonial Court of Admiralty shall have jurisdiction accordingly:Provided as follows :
(a)Any enactment in an Act of the Imperial Parliament referring to the Admiralty jurisidiction of the High Court in England when applied to Colonial Court of Admiralty in a British possession, shall he read as if the name of that possession were therein substituted for England and Wales: and
(b)A Colonial Court of Admiralty shall have under the Naval Prize Act, 1864,and under the Slave Trade Act, 1873, and any enactment relating to prize or the slave trade,the jurisdiction thereby conferred on a Vice-Admiralty Court and not the jurisdiction thereby conferred exclusively on the High Court of Admiralty or the High Court of Justice; but, unless for the time being duly authorised, shall not by virtue of this Act exercise any jurisdiction under the Naval Prize Act, 1864, or otherwise in relation to prize; and
(c)A Colonial Court of Admiralty shall not have jurisdiction under this Act to try or punish a person for an offence which according to the law of England is punishable on indictment; and
(d)A Colonial Court of Admiralty shall not have any greater jurisdiction in relation to the laws and regulations relating to Her Majesty's Navy at sea or under any Act providing for the discipline of Her Majesty's Navy than may be from time to time conferred on such Court by Order in Council.