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![handle is hein.slavery/ssactsengr0333 and id is 1 raw text is: CASANOVA V. REG.-RICARDO SCHMIDT (THE) [1866] i1 MOORE N.S., 484
permit the said Philipe de Ste. Croix, Esq., and the said Philipe Winter Nicolle,
Esq., to resign their offices of Jurats, and to allow them to continue during their
lives all those privileges and distinctions which Jurats do now, or may hereafter,
enjoy, as far as your Majesty may be enabled in law. And the Lords of the Com-
mittee are further of opinion, that your Majesty should authorize that new elections
of Jurats should be made according to the laws and constitution of the Island of
Jersey to supply the said vacancies.
The Order in Council made thereon, dated the 3rd of February, 1866, after
setting forth the Committee's Report, proceeded in these terms:- Her Majesty
having taken the said Report into consideration, was pleased by and with the
advice of Her Privy Council, to approve of what is therein proposed, and doth
accordingly permit and allow the said Philipe de Ste. Croix and Philipe Winter
Nicolle to resign their said offices of Jurats of the Royal Court of the Island of
Jersey, and doth also allow them the continuance, during their lives, of all those
privileges and distinctions which Jurats do now, or may hereafter, enjoy, so far as
Her Majesty doth hereby order; that new elections be made of Jurats according to
the laws and constitution of the said Island of Jersey, to supply the said vacancies;
and Her Majesty doth further order, and it is hereby ordered, that the said Acts
(copies of which are hereunto annexed), together with this Order, be entered upon
the Registry of the Island of Jersey, and observed accordingly. Whereof the
Lieutenant-Governor or Commander-in-Chief, the [484] Bailiff and Jurats, and all
others Her Majesty's Officers for the time being in the said Island, and all other
persons whom it may concern, are to take notice and govern themselves accordingly.
[Mews' Dig. tit. COLONY; II. PARTICULAR COLONIES ; 13, Jersey (and &'ernmey; I.
S.C. L.R. 1 P.C. .4.]
ON APPEAL FROM THE VICE-ADMIRALTY COURT AT SIERRA 'LEONE
BARTOLOMEO CASANOVA and others,-Appella~nts; THE QUEEN and JOHN
SHAW,-Respondents * [Feb. 12, 1866].
THE RICARDO SCHMIDT.
Sec. 23 of the 26th and 27th Vict. c. 24, which limits the time for appealing fron
the Vice-Admiralty Courts abroad to six months, vests, by the same section,
a discretion in the Judicial Committee to admit an appeal notwithstanding
six months have elapsed.
Circumstances showing that there was no wilful laches in not lodging a petition
of appeal in the Registry of the High Court of Admiralty within the pre-
scribed time, and that the delay arose from the parties waiting a decisioa
on a pending appeal, which involved a similar question, held, sufficient for
the exercise of the discretion vested in the Judicial Committee, to admit
an appeal under that section, upon payment of the costs of the application,
and giving security for further costs.
By the Vice-Admiralty Court Act, 26th and 27th Vict., c. 24, s. 23, it is enacted
that the time for appealing from any decree or order of a Vice-Admiralty Court
shall, notwithstanding any existing enactment to the contrary, be limited to six
months from the date of the decree or order appealed from; and no appeal shall
be allowed where the petition of appeal to Her Majesty shall not have been lodged in
the Registry of the High Court of Admiralty and of appeals within that time,
unless Her Majesty in [485] Council shall, on the report and recommendation of the
Judicial Committee of the Privy Council, be pleased to allow the appeal to be pro-
Present: The Lord Justice Knight Bruce, the Lord Justice Turner, Sir James
William Colvile, and Sir Edward Vaughan Williams.
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