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![handle is hein.slavery/ssactsengr0269 and id is 1 raw text is: HOCQUARD V. REG.-NEWPORT (THE) [1857]
appeal. It is a question of great difficulty. The real question is one of restoration,
not of granting leave to appeal.]-The object of that [154] Statute was to remedy
the mischief which existed of allowing appeals to stand over for an indefinite time.
It is an inherent right in the Crown to permit appeals at any time.-[The Right Hon.
Lord Wensleydale: The Statute meant that the appeal should be finally put an end
to, not that there should be a fresh power to appeal.]
Mr. Leith opposed, submitting that conditions ought to be imposed, if the appli-
cation was granted, for the due prosecution of the appeal.
The Right Hon. Dr. Lushington.-Their Lordships, under the very peculiar
circumstances of this case, are inclined to allow leave to be given for the purpose of
prosecuting this appeal. But their Lordships wish it to be distinctly understood,
that it is the very peculiar facts attending this case which induce their Lordships
to come to this conclusion. It appears upon the petition of the Appellant, that there
have been two opposite decisions in India, upon what it seems must be considered
substantially the same question; and it might be productive of very great incon-
venience, and would certainly not be very creditable to the law as administered in
India, if such two conflicting decisions were allowed to stand. Their Lordships
greatly lament the delay which has taken place upon the present occasion, and
certainly, in many respects, it appears to be utterly unjustifiable; but, for the
reasons I have stated, their Lordships are inclined to adopt the course of allowing
the appeal to be restored. It must, however, be understood that the costs of this
application must [155] be paid by the Appellant, and security given here to the
amount of £500, or a Bond in such terms as their Lordships shall think fit to pre-
scribe, and the Appellant must also print and lodge his case without delay.
Mr. Wigram.-Will the Court allow a re-deposit in India, or if it should be
found that the deposit remains in Court in India, will fresh security be required
here?
Dr. Lushington.-Security must be entered into here for £500, or a Bond to
secure that amount.
[Mews' Dig. tit. COLONY; III. APPEALS TO PRIVY COUNCIL; 6. Practice; d. Restoring.
See now 0. in C. of 26th June, 1873 (Stat. R. and 0. Rev. iv. 318). As to special
leave to appeal in civil cases generally, see note to Retemeyer v. Obermuller,
1837, 2 Moo. P.C. at p. 125.]
ON APPEAL FROM THE VICE-ADMIRALTY COURT AT ST. HELENA.
CHARLES PHILLIPPE HOCQUARD,-Appellant; MESSRS. PINTO, PEREZ and
CO., and JOSE MARIA PEREZ, for FRANCISCO ANTONIO FLORES,-
Interveners; Our Sovereign Lady the QUEEN, and JOHN MACDOWALL
SKENE,-Respondents * [Dec. 1, 2, 3, and 8, 1857].
THE NEWPORT.
It is necessary, to justify a condemnation, imposing forfeiture and penalties for
a breach of the Slave Trade Act, 5 Geo. IV., c. 113, that it be shown, as regards
the ship, that she was employed in contravention of the object of that Act
of Parliament, and that she was so employed with the knowledge of the owner,
and, as to the shippers, that the goods had been shipped by them wilfully
and knowingly for the purpose of being employed in the Slave trade [11 Moo.
P.C. 165].
A ship, belonging to owners in Jersey, was chartered by P. and Co., merchants
* Present: The Right Hon. Dr. Lushington, the Right Hon. T. Pemberton Leigh,
the Right Hon. The Lord Justice Knight Bruce, and the Right Hon. The Lord Justice
Turner.
XI MOORE, 154](ViewImageLocal?handle=hein.slavery/ssactsengr0269&div=1&collection=&method=preview&ext=.png&size=3)