High Court of Admiralty Act 1859
Encyclopedia
The High Court of Admiralty Act 1859 (22 & 23 Vict., c. 6) was an Act of Parliament
passed by the Parliament of the United Kingdom
. The Act was an important step in moving the ancient Admiralty Court
of England and Wales
towards its modern constitution. It was also an important step in the abolition of Doctors' Commons
.
Admiralty law
is based not on the common law
but on civil law
, though with some common law and statutory developments. As such, it was historically administered, not by the practitioners in the common law courts but by the practitioners in the ecclesiastical court
s, who were organised in the Doctors' Commons and called "advocates" and "proctors," rather than barristers and solicitors. This demarcation was widely held to be restrictive and by the middle of the nineteenth century there was pressure for reform, culminating in the Court of Probate Act 1857
which started the process of abolition of Doctors' Commons which was completed in 1865.
on 8 August 1859.
The long title
of the Act was:
By allowing the common lawyers to practise in the Admiralty court, the civil lawyers were deprived of one of their few remaining privileges, thus hastening the demise of their separate constitution.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
passed by the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. The Act was an important step in moving the ancient Admiralty Court
Admiralty court
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries and offences.- Admiralty Courts in England and Wales :...
of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
towards its modern constitution. It was also an important step in the abolition of Doctors' Commons
Doctors' Commons
Doctors' Commons, also called the College of Civilians, was a society of lawyers practising civil law in London. Like the Inns of Court of the common lawyers, the society had buildings with rooms where its members lived and worked, and a large library...
.
Background
EnglishEngland
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
Admiralty law
Admiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
is based not on the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
but on civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
, though with some common law and statutory developments. As such, it was historically administered, not by the practitioners in the common law courts but by the practitioners in the ecclesiastical court
Ecclesiastical court
An ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states...
s, who were organised in the Doctors' Commons and called "advocates" and "proctors," rather than barristers and solicitors. This demarcation was widely held to be restrictive and by the middle of the nineteenth century there was pressure for reform, culminating in the Court of Probate Act 1857
Court of Probate Act 1857
The Court of Probate Act 1857 transferred responsibility for the granting of probate, and letters of administration, from the ecclesiastical courts of England and Wales to a new civil Court of Probate. It created a Principal Probate Registry in London and a number of district probate registries....
which started the process of abolition of Doctors' Commons which was completed in 1865.
The Act and its effect
The Act received its royal assentRoyal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 8 August 1859.
The long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
of the Act was:
By allowing the common lawyers to practise in the Admiralty court, the civil lawyers were deprived of one of their few remaining privileges, thus hastening the demise of their separate constitution.