IN THE COURT OF EXCHEQUER AT WESTMINSTER,

MICHAELMAS TERM, 27TH VICTORIA.

BEFORE THE RIGHT HON.

THE LORD CHIEF BARON POLLOCK,

MR. BARON BRAMWELL, MR. BARON CHANNELL,
AND MR. BARON PIGOTT.

THE ATTORNEY GENERAL . SILLEM AND OTHERS, Claiming the Vessel " ALEXANDRA," seized under the Foreign Enlistment Act,

(59 George III. Chapter 69.)

REPORT OF THE ARGUMENTS

ON THE APPLICATION OF THE ATTORNEY-GENERAL FOR LEAVE TO MOVE FOR A NEW TRIAL AFTER THE FIRST FOUR DAYS OF TERM,

RESULTING IN A

RULE NISI TO SHOW CAUSE WHY A NEW TRIAL SHOULD NOT BE HAD,

LONDON:

PRINTED BY GEORGE E. EYRE AND WILLIAM SPOTTISWOODE,

PRINTERS TO THE QUEEN'S MOST EXCELLENT MAJESTY,

FOR HER MAJESTY'S STATIONERY OFFICE.

1864.

24/25

1866, Jan. 14.
Gift of

Hon. Charles Sumner,
of Bostons.

Counsel for the Crown.

The Attorney General-Sir ROUNDELL PALMER, Knight.
The Solicitor General-Sir ROBERT PORRETT COLLIER, Knight.
The Queen's Advocate-Sir ROB. JOSH. PHILLIMORE, Knight,
Q.C., D.C.L.

Mr. LOCKE, Q.C., M.P.

Mr. T. JONES.

Counsel for the Claimants.

Sir HUGH MCCALMONT CAIRNS, Knight, Q.C.

Mr. KARSLAKE, Q.C.

Mr. MELLISH, Q.C.

Mr. KEMPLAY.

Solicitor for the Crown.

Mr. F. J. HAMEL, Solicitor for Her Majesty's Customs.

Solicitors for the Claimants.

Mr. E. L. ROWCLIFFE, (GREGORY, ROWCLIFFE and Co.,) London.

Agents for

Messrs. FLETCHER and HULL, Liverpool.

CONTENT S.

TUESDAY, 3D NOVEMBER 1863.

Argument on Application for leave to move for New Trial after

the Expiration of the First Four Days of Term

WEDNESDAY, 4TH NOVEMBER 1863.

Motion to apply the Common Law Procedure Acts 1852 and

1854, and the Rules of Pleading and Practice to the Re-

venue side of the Court

Copy Rule of Court

THURSDAY, 5TH NOVEMBER 1863.

Page

5

232

-

12

15

Motion for Rule to show Cause why there should not be a

New Trial

Copy Rule Nisi

TUESDAY, 10TH NOVEMBER 1863.

Application to the Court to fix a Day to move to make Rule

for New Trial herein absolute

TUESDAY, 17TH NOVEMBER 1863, 1st Day.

18

62

64

Argument for Motion to make the Rule for New Trial absolute 67

WEDNESDAY, 18TH NOVEMBER 1863, 2d Day.

Judgment on Motion to make Rule Nisi for New Trial absolute 525

APPENDIX.

Letter from Earl Russell to the Lords of the Treasury, dated

31st January 1862

Decree pronounced on 2d August 1862 by the Judge of the

Vice Admiralty Court of the Bahamas in the Case of the

Queen v. The British Steamship "Oreto "

iv

N.B. To render intelligible the frequent reference made by Counsel to the reports of the trial, it may be observed that two copies have been printed, the one for the Crown containing an appendix and termed by Counsel the LAREGR copy, and the other for the claimants termed by Counsel the SMALLER copy. There is no substantial difference between the two reports, the variances consisting chiefly of clerical inaccuracies for the most part rectified in the larger book.