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R. v. Belcher Eng. Rep. 766 (1809-1865)

handle is hein.slavery/ssactsengr0230 and id is 1 raw text is: REG. V. BELCHER [1849]

Lord Langdale.-We have considered all the circumstances of this case, and
the evidence which has been adduced. The petitioner has been unfortunate; but,
even admitting that it was impossible for him to come to terms with the persons
who he at first joined, still it was his own act that he joined them. After giving
the case our best consideration, we are of opinion, that we ought not to advise Her
Majesty to prolong the term.
[Mews' Dig. tit. PATENT; F. CONFIRMATION, etc.; 2. Renewal and Extension; a.
Generally. S.C. 13 Jur. 593. Cf. In re Roper's Patent, 1887, 4 R.P.C. 201
and see s. 25 (4) of the Patents Act 1853 (46 and 47 Vict., c. 57).]
[471] ON APPEAL FROM THE HIGH COURT OF ADMIRALTY.
The QUEEN, in Her office of Admiralty, and WILLIAM TOWNSEND, Esquire,
Her Majesty's Procurator-General in Her office of Admiralty,-Appellawts;
Sir EDWARD BELCHER, K.C.B., and Others,-Respondeuts * [June 25,
1849].
The lleanon Pirates.
Bounties awarded under the Statute, 6 Geo. IV., c. 49, to the Commander, officers,
and crew of Her Majesty's ship, Samarang, upon the capture and destruction
of piratical prahns, in the Straits of Gillolo, in respect of the piratical crew
on board the prahns.
Leave to appeal against an Interlocutory Decree of the Admiralty Court, award-
ing such bounties, granted to the Admiralty Proctor, on behalf of the Crown,
notwithstanding an appeal had not been interposed within due time, the
circumstances of the case entitling the Appellants to such indulgence [6 Moo.
P.C. 482.].
This was an appeal from an Interlocutory Decree of the Iigh Court of Admiralty,
in a cause promoted under the Act, 6th Geo. IV., c. 49 (a), on the part of [472] Sir
Edward Belcher, K.C.B., the Commander, and the rest of the officers and crew of
Her Majesty's ship, Samarang, respecting the capture or destruction, on the 3rd and
4th of June, 1844, in the Straits of Gillolo, of certain prahns or vessels manned by
pirates or persons engaged in acts of piracy.
The petition set forth that, on the 3rd of June, 1844, Her Majesty's ship,
Samarang, being then engaged in surveying duties, and near the Island of Gillolo,
* Present: Lord Brougham, Lord Langdale, the Right Hon. Sir Herbert Jenner
Fust, and the Right Hon. T. Pemberton Leigh.
(a) The Statute, 6 Geo. IV., c. 49, under which these proceedings were founded,
is entitled  An Act for encouraging the capture and destruction of Piratical Ships
or Vessels. Section 1, provides  that there shall be paid to the officers, seamen,
and others who shall have been actually on board any of his Majesty's ships or
vessels of war, or vessels at the actual taking, sinking, burning, or otherwise de-
stroying, of any ship, vessel or boat, manned by pirates, or persons engaged in acts
of piracy, the sum of £20 for each and every such piratical person, either taken and
secured, or killed during the attack on such piratical vessel; and the sum of £5 for
each and every other man of the crew not taken or killed, who shall have been alive
on board such pirate vessel, at the beginning of the attack thereof, the number of
such piratical men respectively, to be proved, by the ship's papers, taken on board
such piratical ship, vessel, or boat, verified by the oaths of two or more of the
persons who shall have found and taken possession of such papers, or by such other
evidence as, under the circumstances of the case, shall, by the Judge of the High
Court of Admiralty, or by the Judge of any other Court, authorised to take cog-
nizance of such matter, be deemed sufficient proof thereof.

VI MOORE, 471

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