be suspended unless respondent gave security to make restitution in case of reversal. Appeals in cases of fines for misdemeanors amounting to or exceeding $400 were to be admitted on the usual security conditions. 300 Although Gibraltar was captured by Great Britain in 1704 and ceded to it by the Treaty of Utrecht in 1713, as late as 1720 the Board of Trade advised against the establishment of regular courts there, as in the plantations. 301 Instead, it was recommended that the Judge Advocate of the garrison, with the advice of two impartial merchants, decide all disputes. From this judgment an appeal might lie to the Governor, and "in cases of considerable value" a further appeal to the King in Council. 302 The first appeal from the Court of Judicature accordingly established was entered in June, 1721. 303 Although establishment of a court of civil judicature was petitioned for as early as November, 1721, all attempts proved abortive until 1739. 304 In that year a patent was issued establishing courts for civil and criminal causes at Gibraltar. The judgment of the appeal court was to be final except for appeals to the King in Council in civil causes in which more than sterling was in controversy. A condition precedent for appellant was performance of the sentence or giving of security for performance in case of affirmance. But the appellate minimum was not to be applicable in all cases, real or personal, where royal rights or interests were concerned or affected or in cases concerning lands, tenements, and hereditaments. This minimum was also not to affect the royal right to admit an appeal in any case thought fit, even if under the ,£2OO minimum. 305 Such reservation was in fact sparingly exercised. 308 In 1765 another source of conciliar appeals is found in the frame of government for Senegal and Gambia proposed by the Board of Trade. Appeals from the Governor in Council were to be allowed in all common law and equity cases in which the amount in controversy exceeded sterling. Such appeals were to be taken within fourteen days after judgment, and security was to be given to prosecute with effect and to abide the conciliar determination, the appeal suspending execution of judgment. 307 After these regions, ruled by a chartered trading company, were revested in the crown by act of Parlia- 300 PC 2/103/473. 301 For the status of Gibraltar see Lubbock v. Potts (7 East, 449, 455), where it is termed "a mere fortress and garrison" as distinguished from a "plantation." 302 PC 2/86/464-66; JCTP, 1718-22, 191. 303 Hales v. Sturla {PC 2/87/247). 304 See PC 2/87/391, 451; PC 2/88/50, 78; PC 2/91/86; PC 2/94/628; PC 2/95/83. 305 PC 2/95/308-14, 339, 468. The special subcommittee amended the law officer's draft by abolishing the minimum where royal rights were concerned and by reserving power to the crown to admit an appeal in any nonminimum cause {ibid., 241). 306 An appeal was allowed upon petition in Murray v. Davis {PC 2/113/65, 76, 89); but in Taurel v. Brown upon petition for leave to appeal from an August, 1773, order of the Lieutenant-Governor, the Committee ordered a search of the Council registers whether appeals had ever been allowed in cases under the minimum value prescribed by the charter {PC 2/119/36). The petition was finally rejected {PC 2/120/524). 307 PC 2/111/105, 109-10, 118.