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![handle is hein.slavery/ssactsengr0108 and id is 1 raw text is: BARTON V. REG. [1837]
decided in Ifardymnan v. Whitaker (Bull: N.P. 189), that where the offence is made
a joint offence by statute, the parties concerned are liable to but one forfeiture; this
has been followed in Barnard v. Gostling (2 East. 569). Looking to the words of the
Act, and these authorities, their Lordships are of opinion that the separate penalties
of £10,000 against Del Campo and Riera must be remitted; and that instead, one
penalty only of £10,000 must be pronounced due from them jointly: that the goods
of Pedro Martinez must be restored, or that he be at liberty to take such steps as he
shall be [19] advised for recovering their value, the nature of which their Lordships
give no opinion upon ; subject to these alterations, and to the remission of the sentence
against Sherwill, which has already been pronounced, their Lordships will recom-
mend her Majesty to affirm this Appeal, but without costs.
[S. 7 of 5 Geo. IV. c. 113, is not repealed by the Slave Trade Consolidation Act, 1873
(36 and 37 Vict. c. 88). See also note to last preceding case, and Lopez v.
Burslem, 1843, 4 Moo. P.C. 303.]
ON APPEAL FROM THE VICE-ADMIRALTY COURT OF GIBRALTAR.
MILES BARTON and Others,--Appellants; WILLIAM HENRY SHERIFF and
ILTED NICHOLL, Esq., Her Majesty's Procurator-General,-Respondents,*-
[Feb. 7, 1840].
The Ship WINWIcK.
The Act 5 Geo. IV. c. 113, throws the burden of proof of the facts necessary to
constitute a liability to forfeiture or penalties, upon the prosecutor, and the
privileges given by section 46 to seizors, are not for their benefit, but for their
protection against liability to costs and actions, where the judge shall certify
pursuant to 4 Geo. III. c. 15, s. 46, that there was probable cause for seizure.
A vessel having been seized in the Port of Gibraltar, on the allegation that she
was engaged in carrying slaves, or persons to be dealt with a4 slaves, and
upon proceedings taken against her, held forfeited, and the Owners, Master,
and Mate, condemned in. penalties, the judgment of the Vice-Admiralty Court
of Gibraltar was reversed, the Judicial Committee being of opinion that the
evidence of the persons being slaves, or intended to be dealt with as slaves, was
in itself doubtful, but that neither the Owner, Master, or Mate, were proved
to be cognizant or privy to that fact, which it was the duty of the seizors to
make out [2 Moo. P.C. 31].
Upon a Monition from the Judicial Committee against the Judge and Registrar
of the Vice-Admiralty Court of Gibraltar, to transmit the proceeds arising
from the sale of a vessel decreed to be forfeited, and sold -ubsequent to an
Appeal being asserted, and an Inhibition issued and served, the whole amount
of the proceeds must be brought into Court, and not the balance remaining
after.deducting the costs and fees incident to the seizure and sale. The re-
fusal to comply with such Monition is a contempt, and an Attachment for
such was granted by the Judicial Committee against the Judge, Registrar, and.
Marshal of the Vice-Admiralty Court [2 Moo. P.C. 26].
This was ,an Appeal by the Owners and Officers of a vessel, seized in the Port of
Gibraltar, and condemned, for having on board three persons, alleged to be [20]
slaves, against the sentence of condemnation and the penalties imposed in consequence
of such sentence.
On the 12th of October 1837, the ship Winwick arrived and anchored in the port
of Gibraltar, having sailed from Trieste on the 1st of September previous, and
being bound for Bahia, in Brazil: having discharged part of her cargo and taken
* Present: Mr. Baron, Parke, Mr. Justice Bosanquet, Mr. Justice Erskine, and
the Right Honourable Stephen Lushington, D.C.L.
909
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