The series consists almost entirely of records created and/or maintained by the Exchequer Court of Canada in the Newfoundland Admiralty District at St. John's, Newfoundland between 1949 and 1970. A small number of records pertain to cases initiated in the Supreme Court of Newfoundland in Admiralty in 1948. Some records, relating to actions continuing into 1971 and 1972, were created and/or maintained by the Federal Court of Canada, Trial Division which inherited jurisdiction over Admiralty matters from the Exchequer Court of Canada in 1971.
Matters heard by the Court under jurisdiction in Admiralty include actions for damage caused by collision of vessels, for damage to wharves, buildings, and equipment, for loss of a vessel, for loss of or damage to a vessel's contents or cargo, to recover possession of a vessel, for compensation for salvage services rendered, and for necessaries supplied to a vessel such as ship's provisions, harbour and pilotage dues, and customs fees. There are also actions for debt, wages and disbursements, labour and materials, loss of earnings, wrongful dismissal, the principal and interest due under a vessel's mortgage, compensation for death and to limit liability. The majority of actions are in rem.
Records created in the course of the legal process include writs of summons which commanded the defendant to appear personally or by solicitor in the Court. The writ of summons, issued by the Plaintiff's solicitor through the Registrar of the Admiralty District, initiated civil proceedings and contains the particulars of the Plaintiff's claim. Other records issued by the Plaintiff's solicitor and filed in the District Registry include the Statement of Claim, the first pleading made by the claimant in a civil court action. It contains the alleged facts upon which the claimant relied in support of the claim including the circumstances and order of events leading to the action, particulars of damage and negligence as well as an itemized list of claims. The Statement of Defence, issued by the Defendant's solicitor and filed at the District Registry, contains a written answer to the Statement of Claim, either admitting or denying each of the alleged facts which the Defendant intended to assert at trial in opposition to the Plaintiff's case. Some statements of defence are accompanied by a counter-claim. The Plaintiff's reply, denying statements in the Statement of Defence, often follows. Joinders of issue document that the parties to an action had accepted that the issue was in dispute. The series contains notices, documents filed by the solicitors of the Plaintiff and the Defendant formally notifying the parties of the legal process. There are notices to produce specified documents, of filing documents with the Registry, to set down an action for trial, of motion advising of the plaintiff's intent to seek relief in an action, and notices of discontinuance of an action. The series contains subpoenas, issued under the Court's authority, commanding witnesses to appear in order to give testimony. Orders were issued as formal written directions of the Court, for example, for trial, to issue warrants for arrest of vessels, to release arrested vessels, for examination of witnesses, to inspect cargo, to appoint appraisers, to release exhibits to counsel, and to make payments into and out of Court. Other records created in the course of the legal process include preliminary acts on behalf of the Plaintiff and the Defendant, affidavits, minutes of filing, bail bonds, instruments of public protest, caveats, demands for particulars, depositions, contents of the record, memoranda of settlement and minutes of decree. There is also information regarding the examination of Interrogatories. Most cases in the series include the judgment which contains a narrative of the circumstances and order of events leading to the action and an examination of the evidence. Some judgments contain verbatim testimony. The judgment includes the judge's opinion on the merits of the action and the issues involved with reference to legal principles and concludes with the rights and obligations of the parties to the action.
The series contains financial information regarding the costs of actions incurred by the Plaintiff and Defendant and payable to their solicitors. Fees and expenses included a retaining fee and costs associated with preparing, filing and serving documents, preparing correspondence, settling pleadings, advising on evidence, taking instructions as for affidavits, preparing for trial, attendance on the Sheriff respecting arrest, attendance at the Registry, and attendance at Court for trial and to hear judgment. There are counsel fees incurred at trial in connection with examination and cross-examination of witnesses and argument. Other costs include expenses incurred by the solicitor for travel, board and lodging and for the services of a stenographer. Disbursements to witnesses include per diems, travelling expenses, board and lodging. Taxes applied to a party's bill of costs including a fee payable to the Taxing Master. The Plaintiff's costs included a fee to the Sheriff of Newfoundland as Marshal of the Admiralty District for executing a warrant of arrest of a vessel or cargo and its release, to the Bailiff for service of a warrant of arrest and to the sheriff's deputy for custody of a ship under arrest. Fees were payable to the Registrar or Deputy Registrar for entering, preparing, issuing, signing, sealing and filing documents, setting down an action for trial, marking exhibits, swearing and filing affidavits and swearing witnesses. There is information regarding per diem fees payable to the Crier for attendance at Court and fees to the Commissioner of Oaths. Also, fees, expenses and disbursements were payable to the Marshal of the Admiralty District with respect to commissions of sale and the sale of vessels at public auction. The series contains examples of fees for issuing orders and a final decree payable to the Chief Justice in the Supreme Court of Newfoundland in Admiralty in 1948.
Records of actions initiated prior to 1949 contain information regarding service fees payable to a member of the Newfoundland Rangers Force, acting in the capacity of Deputy Sheriff for service of documents. Information regarding payments into and out of Court includes fees paid in Admiralty to the Newfoundland Admiralty District and the transfer of amounts to the Consolidated Revenue Fund of Canada. There are also certificates of monies held in the Court's Registry. The records include information regarding fees payable to assessors, appraisers and marine surveyors. There is information regarding seamen's wages. The costs of vessel repairs, labour and material can be found in invoices and valuation surveys. Information regarding goods consigned as cargo and valuation is found in invoices, bills of lading and detailed inventories. The financial records include statements of account and some banking records including a Royal Bank of Canada deposit book. Share accounts contain information regarding the weights and values of different fish species caught by a vessel and the percentages of shares allotted to its captain, mate and other crew members. Fish loading information includes valuation figures. There is also information regarding the weights of different species and ages of seals caught and their valuations. The series also contains information regarding the proceeds and interest derived from the sale of the "IZARRA", the "AMADIANA" and the "CANCALAIS", ships of French registry seized as prizes in 1941 and condemned by the Supreme Court of Newfoundland in Admiralty. Transcripts of Register provide information regarding specific vessels such as particulars of building and origin, previous and current registry, hull construction, engines, ballast tanks, tonnage, and ownership. Valuation surveys carried out by marine surveyors contain particulars of a vessel's hull construction, engines, observations respecting damage, recommendations for repair, and an opinion of current valuation. Valuation and appraisement reports include general remarks regarding the vessel under review, observations on damages and repairs and an inventory of the vessel's equipment. The series also contains repair specifications and details of repair work performed. There is a specification for wharf reconstruction by the Department of Public Works of Canada and a contract construction schedule for wharf reconstruction at Grand Bank, Newfoundland. The series contains insurance policies respecting vessels.
The series includes certificates of vessel inspections, survey and valuation reports, a ship's logbook and excerpts from logbooks, black and white photographs of vessels, and sketches illustrating the relative positions and movements of vessels in collisions. There are schedules of witnesses, payable expenses, clothing and effects, cargo and exhibits. Other records include correspondence, memoranda and clippings. Philatelic material consists of Newfoundland Revenue stamps, Canada Law stamps and Post Office registration receipts. One hydrographic chart, published in 1884 with later corrections to 1897, surveys Codroy Road to Cow Head Harbour. The series includes hydrographic, meteorological and statistical information.
The series also contains a Cause Book in Admiralty, containing Causes No. 1/1949 to No. 130/1971.
