HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0270 and id is 1 raw text is: BUNNY V. HART [1857]
of the sentence against Pinto, Perez and Co., it is of course that the cargo should be
restored to Flores, the owner, unless a case for penalties, or condemnation, can be
established against him. Their Lordships have already expressed their opinion that
the Respondents have failed to establish any such case, even if, on the present pro-
ceedings, it was competent to them so to do. The cargo, therefore, with the proceeds
of such part as has been sold, must be restored to him; but, considering that he has
not availed himself of the opportunity which he had of exculpating himself, by his'
own affidavit or examination (as J. M. Perez, his attorney, has attempted to do on his
behalf) from all guilty intention in this transaction, and that his course of trade
previously exposes this particular adventure, as regards him, to some suspicion,
their Lordships think that justice will be done to him by simple restitution of the
cargo, and of the proceeds of such part as has been sold, without costs or damages;
and they will make a report to Her Majesty in conformity with the opinion which
they have expressed.
[Mews' Dig. tit. SHIPPING, A. XI. CHARTERPARTY, 3. Exemption from liability;
XIII. FREIGHT, 2. When payable, c. Pro rata itiaeris; XXVI. ADMIIRA1,TY LAw
AND PRACTICE, 22. Practice, w. Reference to Registrar, 23. Appeals, b. To
Privy Council; tit. SLAVERY AND SLAVE TRADE. S.C. Swab. 317; 6 W.R.
310. As to The Slave Trade Act, see note to The Amedie, 1810, 1 Acton 251. As to
Colonial Courts of Admiralty, see Pulling's Index to the Statutory Rules and
Orders, 3rd. ed., 1899, p. 106.]
[189] ON APPEAL FROM THE SUPREME COURT OF NEW ZEALAND.
HENRY BUNNY,-Appellant; ROBERT HART,-Respondent * [June 16, 1857].
The English Bankruptcy Consolidation Act, 12th and 13th Vict., c. 106, does
not extend to the Colony of New Zealand.
Under a warrant issuing out of the Court of Bankruptcy in England, lands
and personal property belonigng to A. in New Zealand (who had been ad-
judicated a Bankrupt in England) were seized. In an action by A. in the
Supreme Court of New Zealand for trespass, the Defendant pleaded the
bankruptcy of A., and that he had committed the trespass under the
authority of the warrant of the Court of Bankruptcy. In that action A.
disputed the validity of the adjudication of bankruptcy, which question the
Supreme Court refused to entertain. Upon appeal, the Judicial Committee,
by consent, directed the appeal to stand over, to enable A., the Appellant,
to petition the Lords Justices sitting in Bankruptcy to annul the adjudication
[11 Moo. P.C. 196].
An English trader having gone abroad, and remained there with the intent to
defeat or delay his creditors, is, under the 167th section of the Bankruptcy
Consolidation Act, 1849, guilty of a continuing act of Bankruptcy [11 Moo.
P.C. 197].
In consequence of the poverty of the Plaintiff, the Supreme Court of New
Zealand allowed an appeal to the Queen in Council, without requiring the
usual security for costs [11 Moo. P.C. 193].
This was an appeal from a judgment of the Supreme Court of New Zealand,
for the Southern Dis-[190]-trict, in an action of trespass brought by the Appellant
against the Respondent.
The facts out of which the appeal arose were these:-
The Appellant, previous to the year 1853, resided in England, at Newbury, in
the county of Berks, where he carried on business as a brickmaker, cattle dealer, and
Present: The Right Hon. Dr. Lushington, the Right Hon. The Lord Justice
Knight Bruce, the Right lon. The Lord Justice Turner, and the Right HOn. Sir
William H. Maule.
XI MOORE, 189](ViewImageLocal?handle=hein.slavery/ssactsengr0270&div=1&collection=&method=preview&ext=.png&size=3)