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![handle is hein.slavery/ssactsengr0208 and id is 1 raw text is: LOGAN V. BURSLEM [1842]
[284] ON APPEAL FROM THE VICE-ADMIRALTY COURT OF SIERRA LEONE.
JAMES LOGAN AND JOHN MOORE,-Appellants; LIEUT. GODOLPHIN JAMES
BURSLEM, the Officers and Crew of H. M. Ship VIPER, and the QUEEN,-
Respondents * [Nov. 28 and 29, 1842].
The Ship GUIANA.
The 5th Geo. IV., c. 113, sec. 29, enacts that no Appeals shall be prosecuted from
any sentence of any Court of Admiralty or Vice-Admiralty (with the exception
of the Cape of Good Hope and eastward thereof) unless an Inhibition be
applied for and decreed within twelve months from the time of the decree or
sentence being pronounced. By the 3rd and 4th Win. IV., c. 41, the appellate
jurisdiction given by the previous Statute to the High Court of Admiralty
was vested in the Judicial Committee of the Privy Council; but which Court,
from its constitution, had no jurisdiction over the Appeal until the Petition
of Appeal was referred to them by the Crown.
The Appellant presented, on the 16th of July 1841, a petition of Appeal from a
decree of condemnation pronounced on the 12th of August 1840, by the Vice-
Admiralty Court of Sierra Leone, against a vessel engaged in the Slave Trade,
contrary to the provisions of the 5th Geo. IV., c. 113. The Appeal was not
referred by Her Majesty to the Judicial Committee until the lth of August
1841, one day before the year expired, and notice of such reference was not
given by the Clerk in Council until the 13th of the same month, one day after
the twelve months bad expired, when the Appellant applied for and obtained
an Inhibition. On protest against the Appeal; Held,-
1st. That the 5th Geo. IV., c. 113, was incorporated in the 3rd and 4th Wm. IV.,
c. 41 [4 Moo. P.C. 294].
2nd. That the Appellant having failed to procure, in compliance with the 29th
section of the 5th Geo. IV., c. 113, anl Inhibition to, issue within twelve months
from the sentence, was barred his Appeal; the provisions of that section being
imperative, and leaving no discretion in the Court to relax the operation of
the Act [4 Moo,. P.C. 295].
This was originally a cause instituted in the Vice-Admiralty Court at Sierra
Leone, on behalf of Lieutenant G. J. Burslem, the Commander, and the Officers and
Crew of Her Majesty's schooner of war Viper, and our Sovereign Lady the Queen,
against the said brig [285] or vessel Guiana, seized by Her Majesty's ship of war
on the 26th of March 1840, together with her tackle, apparel, furniture, and the goods,
wares, and merchandize laden on board her, for forfeiture and condemnation and
penalties; by reason of her being at the time of such seizure engaged in the Slave
Trade, contrary to the provisions of Stat. 5 Geo. IV., c. 113.
Proceedings having been taken against the said vessel on the 12th of August 1840,
the Acting Judge and Commissary, by his introductory decree, pronounced the said
brig Guiana to have been at the time of the seizure thereof engaged in the Slave Trade,
contrary to the provisions of the above Statute, and as such, subject and liable to
forfeiture and condemnation; and condemned the said brig, her tackle, etc., as
forfeited: and pronounced that the shippers of the goods, wares and merchandize
laden on board the said brig, were liable to the penalty due by law, that is to say,
double the value of the said goods, wares, and merchandize, and that the said goods,
wares, and merchandize, should be held in deposit until the said penalty was paid:
and on the 19th day of the same month, the said Acting Judge decreed, that the cargo
should be sold, evidence having been given that the same was deteriorating in value.
In the month of October 1840, information reached the owners of the vessel that
she had been condemned; but in consequence of delays in the transmission of the
process, copies of the proceedings did not reach this country until the 20th of July
1841.
* Present: Lord Campbell, Sir Herbert Jenner Fust, the Vice-Chancellor Knight
Bruce, and the Right Hon. Dr. Lushington.
312
IV MOORE, 284](ViewImageLocal?handle=hein.slavery/ssactsengr0208&div=1&collection=&method=preview&ext=.png&size=3)