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![handle is hein.slavery/ssactsengr0211 and id is 1 raw text is: IV MOORE, 300 LOPEZ V. BURSLEM [1843]
and they took no judicial step until the month of July following; and between the
16th of July and the 12th of August, if they had made the usual applications to
the officers who superintend these matters, we have no doubt at all that there would
have been a reference by the Queen in Council to the Judicial Committee before the
year expired. It seems to us, therefore, that they themselves are-to blame if there
is any hardship. However that may be, their Lordships are of opinion that the
Act of Parliament has imposed a. condition which has not been complied with, and
that, therefore, the appeal cannot be prosecuted. It is not, however, a case for costs.
(See next case.)
[Mews' Dig. tit. COLONY, III. APPEALS TO PRIVY COUNCIL, 6. Practice, a. On point
(i.) as to right to begin (4 Moo. P.C. 292), cf. Henfrey v. Henfrey, 1842, 4 Moo.
P.C. 29; (ii.) as to appeals to H.M. in Council, see note to hiter v. Chipchase,
1836, 1 Moo. P.C. 3, s. 29 of 5 Geo. IV. c. 113, is repealed by the Slave Trade
Consolidation Act 1873 (36 and 37 Vict. c. 88).]
[300] ON PROTEST AGAINST AN APPEAL FROM THE VICE-ADMIRALTY
COURT AT SIERRE LEONE.
MANOEL FRANCISCO LOPEZ, and Others,-Appellants; LIEUT. GODOLPHIN
JAMES BURSLEM, the Officers and Crew of Her Majesty's Ship VIPER,
and the QUEEN,-Respondents * [Nov. 28 and 29, 1843].
The Ship GUIANA.
The 5th Geo. IV., c. 113 (the Slave Abolition Act), sec. 29, enacts that no appeals
shall be prosecuted from any sentence of any Court of Admiralty or Vice-
Admiralty (except in any Vice-Admiralty Court at the Cape of Good Hope,
or to the eastward thereof), unless an Inhibition be applied for and decreed
within twelve months from the time of the decree or sentence being pro-
nounced. Held to apply to foreigners as well as British subjects [4 Moo.
P.C. 305].
Protest against an appeal sustained; the Appellants (Brazilian subjects), the
owners of the cargo on board a vesgel seized and condemned under the 5th
Geo. IV., c. 113, having failed to procure an Inhibition to issue within twelve
months from the date of the condemnation.
The British Parliament have no power to legislate for foreigners out of the
dominions and beyond the jurisdiction of the Crown; yet it can by Statute
fix the time within which application must be made for redress, to the
tribunals of the Empire. This being matter of procedure, becomes the law
of the forum, by which all mankind are bound [4 Moo. P.C. 305].
The facts of this case, so far as the owners of the vessel Guiana were concerned,
are fully detailed in the preceding case. The present appeal differed in no respect
from the former, except that it was the appeal of the owners of the cargo laden on
board the vessel, [301] and seized and condemned therewith, who were Brazilian
subjects.t
* Present: The Lord Langdale, Lord Campbell, the Vice-Chancellor Knight
Bruce, and the Right Hon. Dr. Lushington.
t In pursuance of the 6th and 7th Vic., chap. 38, s. 1, which enacted that appeals,
etc., inight be heard by not less than three Members of the Judicial Committee of the
Privy Council, under a special order of Her Majesty, the following Order in Council
was made in this case:-
VICTORIA R.
Victoria, by the Grace of God, of the United Kingdom of Great Britain and
Ireland, Queen, Defender of the Faith, etc. To our trusty and wellbeloved James,
318](ViewImageLocal?handle=hein.slavery/ssactsengr0211&div=1&collection=&method=preview&ext=.png&size=3)