Arrest of vessels in Malta

Abstract

The Vice-Admiralty Courts Act 1863 1 regulated in Malta a ViceAdmiralty Court as in other British Possessions of the time. Similar courts existed in Malta before this time. Its jurisdiction was analogous to that of the High Court of Admiralty of England and in general the Court took cognizance of all maritime causes, including those relating to prize. In many cases the jurisdiction of the Vice-Admiralty Court over such matters far exceeded the ordinary and fundamental limits of jurisdiction as established by Maltese general law. In this Court, proceedings were either by an action in personam or by an action in rem. Irrespective of who the shipowner was, the action in rem was exercised against the vessel which, as a separate distinct judicial entity, assumed the role of defendant in the proceedings and was considered to be the debtor. The flag of the vessel or the nationality or domicile of the plaintiff or the place where the occurrence giving rise to the claim took place, did not limit in any way the jurisdiction of the ViceAdmiralty Court in an action in rem. Jurisdiction was established by the mere fact of the vessel being within the territorial waters over which the authority of the court extended. The only fundamental requirement was that the vessel proceeded against was within the territorial waters and a warrant for arrest could be served and executed. Service of the warrant was considered to be notice to the shipowner of the proceedings. The vessel was represented by the master during the hearing of the cause.