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/ssactsengr0445 and id is 1 raw text is: THE ADELAIDE
merely alleging, in an act of Court, the clause of the statute, and that the owners
had complied with it. There might also be an ignorance of the law in Smith ; and,
although the owners were undoubtedly aggrieved by these proceedings, it would not
be an effectual relief to them to decree costs against a mariner who would probably
not be in a con-[229J-dition to pay them. The Court would be sorry to be led into
further proceedings in enforcing such a decree, and in a class of cases in which costs
were not usually given : it will therefore not make any order as.to the costs ; but
the Court directs the owners to be dismissed.*
[230] ADELAIDE -(Perenchief). February 24, 1829.-An inhabitant of Trini-
dad after a residence of about a month at Bermuda, purchased there a slave
and her four children, aged eleven, nine, seven, and three, and shortly after
embarked with his family and them for Trinidad, the mother and four children
being described in the endorsement on the clearance, as domestic servants in
personal attendance on himself and others of his family: the owner of the vessel,
who had a residence at Bermuda and Trinidad, also embarked with two slaves,
born in his family, aged eleven and seven, similarly described in the endorsement.
There had been no registry act in the island since 1822; but the late registrar
gave a certified copy of the expired registry, and there was an affidavit of the
late owner as to the birth of the youngest child. The vessel was seized while
lying at anchor near the port of Hamilton, having cleared out for Trinidad, and
preparing to weigh anchor. The Court, on appeal, holding that the circum-
stances and situation in which the vessel was seiz6d brought the case within
the 5 G. IV, c. 113, and that the removal of none of the slaves was protected by
s. 17, reversed the sentence of the Court at Bermuda, and pronounced for the
penalties prayed.
[Referred to, Three Slaves, p. 415, post.]
This was an appeal from the Vice-Admiralty Court of Bermuda. The libel, or
information, stated, that on the 22d of January 1827, Capt. Jones of H.M. ship
Orestes, seized the brig Adelaide, of 107 tons, as she was lying at anchor near
to the dockyard at Ireland Island in the Bermudas, and also near to the port of
Hamilton, having cleared out for Trinidad, and preparing to weigh anchor. The
ground of seizure was, that the vessel had on board and was exporting, removing,
carrying, and conveying seven slaves from the port of Hamilton contrary to the form
of the statute or statutes in such case provided ; by means whereof the brig and
slaves had become forfeited to the King. The penalties were prayed to be appor-
tioned in thirds,-to the Crown, the governor of the Bermudas, and to the seizor
and his crew. A claim of restitution was made on behalf of Mr. M'Alister and Mr.
Wainwright, supported by their respective affidavits, and by an affidavit of the master
of the brig, as to her situation at the time of seizure, and that he had not incurred
any forfeiture set forth in the information. The Judge of the Court below decreed
restitution of the brig and slaves; and from that sentence Capt. Jones appealed.
Dodson and Nicholl in support of the sentence.
Lushington for Capt. Jones.
* In The Susan, Hamilton, the Court considered the conduct of a mariner,-
who had taken part with another that had been put in irons, and who demanded to
be put also in irons (which was accordingly done, for insolent expressions and acts
of a mutinous tendency), and who had remained in irons for twelve days till the ship
arrived at St. Helena, and did not then or at any time before retract or apologise
for his misbehaviour, but was there left in custody, and came finally to England in
another vessel,-such as amounted to a forfeiture of the wages earned in the former
part of the voyage from Calcutta.
Note.-In the summary petition a restraint imposed upon the mariner at St.
Helena had been adverted to ; and annexed to the owners' defensive allegation
there was an extract from the police record at St. Helena (beginning with entries in
the ship's log), which gave a minute of the proceedings before the magistrates under
which the seaman had been detained to be sent home in a ship of war; but the Court,
after hearing Addams for the allegation, and Lushington contra, rejected this part of
the plea, observing that, as evidence of the particular misconduct of the mariner, it
could not be received.
2 HAGG. 229.](ViewImageLocal?handle=hein.slavery/ssactsengr0445&div=1&collection=&method=preview&ext=.png&size=3)