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![handle is hein.slavery/ssactsengr0336 and id is 1 raw text is: IV MOORE N.S., 121 CASANOVA V. REG.-RICARDO SCHMIDT (THE) [1866]
By an Order in Council, made on the above Petition, it was ordered that the
Petitioner should be allowed to enter and prosecute his appeal from the Order of
the Supreme Court of the 13th of April, 1866, and the judgment of the 4th of May,
1866, without prejudice to the question of the competency of Her Majesty in
Council to entertain an appeal from an Order of a Court of Record, inflicting
punishment, by fine or imprisonment, for a contempt of Court, which question was
'to be open to argument on the hearing of the appeal, and a copy of the Order was
directed to be served on the Judges of the Supreme Court, with leave to put in their
answer to the appeal.
[Mews' Dig. tit. COLONY; III. APPEALS TO PRIVY COUNCIL; 3. Leave to Appeal;
When granted; Granted on Terms. S.C. L.R. I P.C. 260; 17 W.R. 352. See
note to Antiuna, Ju stices of, In. re, 1829-30, 1 Knapp 269; and also Snita. v.
.&ie7r0 Leone (Jstices of), 1848, 7 Moo. P.C. at p. 186. For subsequent pro-
ceedings and notes see McDermott v. British Guiana (Justices of), 1868, 5 Moo.
P.C. (N.S.) 466; L.R. 2 P.C. 341.]
[121] ON APPEAL FROM THE VICE-ADMIRALTY COURT OF SIERRA LEONE.
BARTOLOMEO CASANOVA,-Appellant; The QUEEN and LIEUTENANT
DUNLOP,-Respondets * [Nov. 1 and 2, 1866].
THE RICARDO SCHMIDT.
Seizure of a Foreign vessel in an English harbour for violation of the provisions
of the 5th Geo. IV. c. 113, having been admitted, and proceedings taken
thereon, the Judicial Committee held themselves not required to give an
opinion whether such construction of the Statute was right or not, but that
Statute having provided (see. 35) that costs and damages shall be given
where it shall appear to the Court that the capture, seizure, or prosecution,
shall not be justified by the circumstances of the case, the Court below is not
at liberty to use the rule of evidence introduced by the Statute, 5th and 6th
Will. IV. c. 60, contained in Arts. VI. 60, VII. of the Treaty between Great
Britain, France, and Sardinia, embodied in that Statute, as a ground for
refusing, on the restoration. of a vessel seized under the Statute, 5th Geo.
IV. c. 113, to decree damages and costs [4 Moo. P.C. (N.S.) 132].
Where, therefore, a Foreign vessel had been seized and afterwards decreed by
the Vice-Admiralty Court of Sierra Leone to be restored, but without damages
and costs, the Judge of that Court being of opinion, that there was probable
cause for the seizure, from having an apparently unusual number of empty
water-casks found in her (which articles are by the above Treaty specified and
made conclusive as a ground sufficient to warrant detention, and to preclude
compensation, even if no sentence of condemnation has been pronounced),
and that as a Judge of a Foreign Court, had she been taken there, would have
been precluded, under the circumstances, by the terms of the Treaty, from
awarding costs and damages, the Court was precluded from giving such:-
It was held by the Judicial Committee, that though the Judge of the Vice-Ad-
iiiiralty Court was at liberty to use the circumstances relied on as a ground
to justify the seizure under the Statute, 5th Geo. IV. c. 113, yet it was not
competent for the Court, after a satisfactory explanation of the purposes for
which the casks were used, to apply the rule regarding the refusal of damages
and costs enacted in the Statute, 5th and 6th Will. IV. c. 60, to a vessel seized
under the 5th Geo. IV. c. 113, and his sentence in that respect overruled [4
Moo. P.C. (N.S.) 133].
A vessel of 600 tons, capable of carrying 900 tons, lying in the harbour of Sierra
Leone, having been examined and released by the Custom House-Officers, was
afterwards hauled over and seized by D., a Lieut. in H.M. Navy, accidentally
* Present: Lord Westbury, Sir James William Colvile, and Sir Edward Vaughan
Williams.](ViewImageLocal?handle=hein.slavery/ssactsengr0336&div=1&collection=&method=preview&ext=.png&size=3)