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![handle is hein.slavery/ssactsengr0132 and id is 1 raw text is: REPORTS OF CASES argued and determined
before the Judidial Committee and the
Lords of the Privy Council during the
Session 1836-37. By EDMUND F. MOORE,
Barrister-at-Law. Vol. I.
ON APPEAL FROM THE VICE ADMIRALTY COURT OF ST. LUCIA.
PETER MUTER,-Appellant; CHARLES CHIPCHASE,-Respondent *
[May 30, 1836].
The provisions of the 5 Geo. 4, c. 113, s. 29, are conclusive, and the Judicial Com-
mittee have no power to extend the time there limited for appealing.
This was a cause of forfeiture of two slaves, prosecuted on behalf of the King,
by Charles Chipchase, the respondent, as Comptroller of the Customs for the Island
of St. Lucia, against the appellant, claiming as executor of James Muter, deceased.
The cause was tried in the Admiralty Court of St. Lucia, and judgment pro-
nounced on the 31st July 1834, condemning the slaves to be forfeited to the use of
His Majesty.
It appeared, that Mr. Peter Muter left the Island of St. Lucia for England, in the
month of June previous to the hearing of the cause, having given particular direc-
tions, that if the slaves should be condemned, the sentence should be appealed from:
no steps were, [2] however, taken for that purpose, and in the beginning of the
year 1835, Mr. Muter having received no information of the result of the suit wrote
out to St. Lucia, desiring to have authenticated copies of the proceedings imme-
diately sent over; which were accordingly transmitted, and received by Mr. Muter
through the Colonial Office on the 13th August 1835. The certificate of their
verification bore date the 26th June 1835.
On the day following that on which Mr. Muter received the documents, he
directed an appeal to be proceeded with, but the usual inhibition could not be
obtained, by reason of the application being made fourteen days over twelve months,
from the date of the sentence in the Vice Admiralty Court of St. Lucia.
An affidavit of the above circumstances being made, and a certificate from St.
Lucia produced, stating, that on the day the sentence of condemnation. was given
the proctor for Mr. Muter declared he should appeal, and moved for the papers:
Dr. Lushington,-Now moved on behalf of the appellant for leave to prosecute
the appeal. The 5 Geo. 4, c. 113, s. 29, enacts, That no appeals shall be prosecuted
from any decree or sentence of any Court of Admiralty or Vice Admiralty touching
any of the matters provided for in that Act, unless the inhibition shall be applied
for and decreed within twelve months from the time when such decree or sentence
was pronounced, except where such decree or sentence shall be passed in any Vice
Present: Mr. Baron Parke, Mr. Justice Bosanquet, the Chief Judge of the
Court of Bankruptcy [The Hon. Thomas Erskine], and Sir Herbert Jenner.
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