Vice admiralty court
Encyclopedia
Vice admiralty courts were jury
less courts located in British
colonies that were granted jurisdiction over local legal matters related to maritime activities, such as disputes between merchants and seamen. Judges were given 5% of confiscated cargo, if they found a smuggling defendant guilty. This gave judges financial incentive to find defendants guilty.
in 1788. The first Vice-Admiral was Arthur Phillip
and the first judge was Robert Ross. The court was abolished in 1911 when the Supreme Court of New South Wales
was granted the admiralty jurisdiction of the court.
to try smugglers
and to enforce the Sugar Act
of 1764 throughout British North America
. From 1763–1765, when American smugglers were caught, they were tried by corrupt judge
s who received a percentage of the confiscated goods if the defendants were found guilty; therefore, defendants were less than likely to be found innocent.
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
less courts located in British
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
colonies that were granted jurisdiction over local legal matters related to maritime activities, such as disputes between merchants and seamen. Judges were given 5% of confiscated cargo, if they found a smuggling defendant guilty. This gave judges financial incentive to find defendants guilty.
Australia
The first vice-admiralty court established in Australia was in the colony of New South WalesNew South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
in 1788. The first Vice-Admiral was Arthur Phillip
Arthur Phillip
Admiral Arthur Phillip RN was a British admiral and colonial administrator. Phillip was appointed Governor of New South Wales, the first European colony on the Australian continent, and was the founder of the settlement which is now the city of Sydney.-Early life and naval career:Arthur Phillip...
and the first judge was Robert Ross. The court was abolished in 1911 when the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
was granted the admiralty jurisdiction of the court.
Canada
A vice admiralty court was formed in Nova ScotiaNova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...
to try smugglers
Smuggling
Smuggling is the clandestine transportation of goods or persons, such as out of a building, into a prison, or across an international border, in violation of applicable laws or other regulations.There are various motivations to smuggle...
and to enforce the Sugar Act
Sugar Act
The Sugar Act, also known as the American Revenue Act or the American Duties Act, was a revenue-raising act passed by the Parliament of Great Britain on April 5, 1764. The preamble to the act stated: "it is expedient that new provisions and regulations should be established for improving the...
of 1764 throughout British North America
British North America
British North America is a historical term. It consisted of the colonies and territories of the British Empire in continental North America after the end of the American Revolutionary War and the recognition of American independence in 1783.At the start of the Revolutionary War in 1775 the British...
. From 1763–1765, when American smugglers were caught, they were tried by corrupt judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s who received a percentage of the confiscated goods if the defendants were found guilty; therefore, defendants were less than likely to be found innocent.