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![handle is hein.slavery/ssactsengr0332 and id is 1 raw text is: GRAHAM V. BERRY [1865]
vessel which, so far as appears upon the evidence before us, he had no sufficient
grounds for entertaining, and that the vast mass of evidence which we have before
us has resulted from an attempt to find grounds for supporting those suspicions-
an attempt which has failed; and we feel ourselves bound, therefore, humbly to
recommend Her Majesty to reverse this decree, and to order restitution of this
vessel, with damages and costs both in the Court below and of this appeal. Any
costs already paid by the Appellant to be refunded.
[Mews' Dig. tit. SHIPPING; A. XXVI. ADMIRALTY LAW AND PRACTICE; 23. Appeals.
b. The English Slave Trade Acts, dating from 59 Geo. iii. c. 16. to 32 and 33
Vict. c. 2. were consolidated, and repealed in whole or in part by the Slave
Trade Act, 1873 (36 and 37 Vict. c. 88). A list of the Slave Trade Treaties
under s. 29 of that Act up to December 31, 1899, will be found in Pulling's
Index to St. R. and 0. 3rd ed. 1899, p. 631. As to Vice-Admiralty Courts, see
now the Colonial Courts of Admiralty Act 1890 (53 and 54 Vict. c. 27); 0. in
C. of Aug. 23, 1883 (Stat. R. and 0. Rev. i. p. 631), and heading Colonial
Court of Admiralty'and Vice-Admiralty Court, in Pulling's Index.]
[207] ON APPEAL FROM THE SUPREME COURT OF
NEW SOUTH WALES.
JAMES GRAHAM AND CHARLES BINDON,-Appellants; ALEXANDER
BEP RY,-Respondent * [March 14, 1865].
The Colonial Act establishing Municipal institutions in New South Wales, the
22nd Vict. No. 13, sec. 1, declares that ' any City, Town, or Hamlet now or
hereafter established, or any Rural District, may as thereafter provided,
be constituted a Municipality. Section 2 provides, that upon petition, and
after other proceedings have been taken, as therein described, the Governor
may by Proclamation, declare such City, Town or Hamlet, or such Rural
District, to be a Municipality. A petition in pursuance of this Act by
certain householders residing at four places, therein specified, proposing
certain boundaries therein described, having been presented to the Governor,
he by a Proclamation, reciting his powers under that Act, and the petition
and other proceedings taken in pursuance thereof, declared a Rural District
therein named to be a Municipality, to be divided into two wards, with
certain limits and boundaries as therein defined. This Proclamation de-
scribed the District incorporated in very different terms from those set out
in the petition, for besides incorporating a Rural District with a Town, it
included lands which the Petitioners had not asked to be included, and it
omitted lands which the Petitioners had prayed to have included. Held,
affirming the judgment of the Supreme Court, that this was fatal to the
validity of the Proclamation, and that consequently the Municipality in
question. was not duly constituted or created in point of law [3 Moo. P.C.
(N.S.) 239, 240].
Where a question arose upon the construction of a Proclamation made under
a Colonial Act respecting the formation of a Municipality, affecting the
government of the Colony, and the appeal sought only a construction of
the Proclamation, leave to appeal was granted, although the time limited for
appealing had expired; but as the appeal was only admitted to determine
such construction, terms were imposed upon the Petitioners, first, that it
was to be without prejudice to a judgment already existing in the Respon-
dent's favour arising out of the same transaction; and secondly, that a
security Bond should be executed by the Petitioners to indemnify the Re-
Present: Lord Kingsdown, the Master of the Rolls (Sir John Romilly), and
Sir Edward Vaughan Williams.
III MOORE N.S., 207](ViewImageLocal?handle=hein.slavery/ssactsengr0332&div=1&collection=&method=preview&ext=.png&size=3)