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![handle is hein.slavery/ssactsengr0196 and id is 1 raw text is: GUIMARAENS V. PRESTON [1842]
as to fact of patent not getting into general use, cf. Pinhus Patent, 1848, 12
Jur. 233; Bakewell's Patent, 1862, 15 Moo. P.C. 385; Allan's Patent, 1867,
L.R. 1 P.C. 507, 4 Moo. P.C. (N.S.) 443; Herbert's Patent, 1867, L.R. 1 P.C.
399, 4 Moo. P.C. (N.S.) 300; Hughes' Patent, 1879, 4 A.C. 174. The extension
of letters patent for inventions is now regulated by s. 25 of the Patents Act
1883 (46 and 47 Vict. c. 57), and by rules scheduled to an 0. in C. of 26th Nov.
1897 (Stat. R. and 0. 1899, p. 1837).]
[167] ON APPEAL FROM THE VICE-ADMIRALTY COURT OF BARBADOES.
FRANCISCO FERNANDEZ GUIMARAENS,-Appellant; WILLIAM PRESTON,
Esq., the Commander, and the Officers and Crew of H.M. Ship CURACOA,
and the QUEEN,-Respondents * [July 13, 1842].
The Ship THIRTEENTH OF JUNE.
Seizure and condemnation of a Portuguese vessel under 2 and 3 Vict., c. 73,
affirmed on appeal by the Judicial Committee.
Proceedings taken against a vessel seized under the 2 and 3 Vict., c. 73, are to
be according to the rules and regulations, established under the 2 and 3 Will.
IV., c. 51, and not according to the forms of the Civil Law.
The affidavit of a person present at the seizure, though not the seizer himself,
is sufficient to ground a monition citing the master in particular, and all
others in general, to appear, etc.
Evidence of the owners' claim not tendered in the Court below, received by the
Judicial Committee on the hearing of the appeal.
This was an Appeal from a sentence of condemnation for a breach of the Act,
2 and 3 Vict., c. 73, for the suppression of the slave trade, pronounced on the 25th
of June 1840, by the Judge of the Vice-Admiralty [168] Court of Barbadoes, against
the vessel called the Treze de Junho, or The Thir'teenth of June, her cargo, tackle,
apparel, and furniture; whereof the Appellant, Francisco Fernandez Guimaraens,
was sole owner.
The.Statute 2 and 3 Viet., c. 73, after reciting, that it is expedient, among other
things, that power should be given to the High Court of Admiralty, and to Courts
of Vice-Admiralty, to adjudicate upon vessels and their cargoes captured for having
been engaged in the Slave Trade, etc., and declaring that Her Majesty had been
pleased to issue Orders to Her cruizers to capture Portuguese (a) vessels engaged
in the Slave Trade, and other vessels engaged in the Slave Trade, not being justly
entitled to claim the protection of the flag of any state or nation,-enacted that it
shall be lawful for any person or persons in Her Majesty's service, under any order
or authority of the Lord High Admiral or of the commissioners for executing the
office of Lord High Admiral of Great Britain, or of any one of Her Majesty's Secre-
taries of State, to detain, seize, and capture any such vessels, and the slaves, if any,
found therein, and to bring the same to adjudication in the High Court of Admiralty
in England, or in any Vice-Admiralty Court within Her Majesty's dominions, in the
same way as if such ves-[169]-sels and the cargoes thereof were the property of
British subjects.
By the 3rd section it is enacted, That it shall be lawful for the High Court of
Admiralty of England, and for all Courts of Vice-Admiralty in any colonies or
domninions of Her Majesty beyond the seas, to take cognizance of, and try, such
Present: The Lord President [Lord Wharncliffe], Lord Brougham, Sir Herbert
Jenner Fust, and the Right Hon. Dr. Lushington.
(a) Such parts of this Statute as apply to Portuguese vessels have been repealed
by the 5 and 6 Vict., c. 114, and vessels of that nation can now only be seized and
made forfeit under the authority of the treaty between Great Britain and Portugal
of the 3rd of July 1842. The jurisdiction of Her Majesty's Vice-Admiralty Court
is superseded by the Mixed Commission Courts, established under that treaty, and
the judgment of the Commission is declared definite and without appeal--(See
Treaty, Annex, B., Art. III. VII. and IX.)
P.C. I. 265 9a
IV MOORE, 167](ViewImageLocal?handle=hein.slavery/ssactsengr0196&div=1&collection=&method=preview&ext=.png&size=3)