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![handle is hein.slavery/ssactsengr0139 and id is 1 raw text is: REPORT OF CASES heard and determined
by the Judicial Committee and the Lords
of the Privy Council, 1837-38. By EDMUND
F. MOORE, Barrister-at-Law. Vol. II.
ON APPEAL FROM THE VICE-ADMIRALTY COURT AT GIBRALTAR.
WILLIAM SHERWILL,-Appellant *; Our Sovereign Lord the KING, and ILTED
NICHOLL, Esq., His Majesty's Procurator-General,---Respondents t [June 2
and July 11, 1836].
In order to render a party liable to the penalties for shipping goods to be employed
in the Slave trade, he must be shown to have had a gwilty knowledge of the
object of the vessel [2 Moo. P.C. 12].
A person, though convicted of felony under the Slave Abolition Act, 5 Geo. IV.
c. 113, s. 10, is capable of prosecuting an Appeal against a sentence in the
Vice-Admiralty Court for penalties, though his conviction in the criminal
Court was previous to the civil sentence, and he is at the time of the Appeal
undergoing the punishment awarded him by the former [2 Moo. P.C. 14].
A Protest on the ground of such conviction, overruled [2 Moo. P.C. 7].
The Ship Cazador.
This was an Appeal arising out of a cause of forfeiture promoted in the Vice-
Admiralty Court of [2] Gibraltar, by Lieutenant-General Sir William Houston, the
Lieutenant-Governor, against the brig Cazador, whereof Pedro Felipe del Campo
was the sole owner, and part owner of the cargo laden therein; and also against Pedro
Martinez, likewise part owner of the cargo; and against Miguel Riera, the master;
whereby the said ship Cazador, her tackle, goods, wares and merchandize laden
therein, were declared to have been at the time of the seizure thereof fitted out,
equipped, and dispatched in the port of Gibraltar, to accomplish the object of shipping,
embarking, receiving, obtaining, or confining on. board the said brig, slaves or other
persons, for the purpose of their being carried away or removed as or in order to their
being dealt with as slaves; and was decreed, with her tackle, apparel, and furniture,
together with all goods and effects of the owners, or part owners thereof, to be forfeited
to His Majesty: and against the further judgment of the Court pronouncing for the
penalties, and condemning Pedro Felipe del Campo, the owner, and Miguel Riera,
the master of the brig, respectively, in the sum of £10,000, and Pedro Martinez, and
the Appellant, William Sherwill, each in the like sum, being double the value of the
* This and the two cases following, being decisions upon the same Statute, it is
thought advisable to place them together.
f Present: Lord Wynford, Mr. Justice Bosanquet, the Chief Judge of the Court
of Bankruptcy [The Hon. Sir Thomas Erskine], and the Right Honourable Sir Herbert
Jimnnr, D.C.L.](ViewImageLocal?handle=hein.slavery/ssactsengr0139&div=1&collection=&method=preview&ext=.png&size=3)