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![handle is hein.slavery/ssactsengr0090 and id is 1 raw text is: DRUMMOND V. TILLINGHIST
[739] CASES ARGUED AND DETERMINED IN THE QUEEN'S BENCH, IN EASTER
TERM AND VACATION, XIV. VICTORIA.
The Judges who usually sat in Bane in this term and vacation were: Lord
Campbell C.J., Patteson J., Wightman J., Erle J.
. MEMORANDA.
In last Hilary vacation,
Lord Langdale resigned the office of Master of the Rolls; and Sir John Romilly,
Knight, Her Majesty's Attorney General, was appointed to that office.
Sir Alexander James Edward Cockburn, Her Majesty's Solicitor General, was
appointed to the office of Attorney General ; and William Page Wood, Esquire, one
of Her Majesty's Counsel, was appointed Solicitor General, and received the honour
of Knighthood.
[740] DRUMMOND against TILLINGHIST. Thursday, April 17th, 1851. It is not
sufficient ground for requiring security for costs, that the plaintiff is a foreigner,
lately come to this country, having no family connexions or permanent abode in
it, and likely soon to leave it, if it be not sworn that he has a permanent residence
abroad. So held where plaintiff was a negro sailor lately brought to England
from America as cook of a merchant vessel, and paid off in London. And a rule
nisi was refused.
[S. C. 15 Jur. 384.]
Greenwood moved for a rule to shew cause why the proceedings in this action
should not be stayed till the plaintiff should give security for costs. The defendant's
affidavit, on which the motion was made, stated the following facts.
The plaintiff, George Washington Drummond, was a negro, and was hired by
defendant on 31st July 1850, at San Francisco in California, to serve as cook on
board the vessel called the Carlo Moran, of Providence in Rhode Island in the
United States of America, of which vessel the deponent then was and still is master,
and which was then lying at San Francisco, bound for the Sandwich Islands, and
thence to China, and thence to a port of discharge in Europe or the United States of
America. In the ship's articles, signed by the plaintiff when he was shipped on board
the Carlo Moran, the plaintiff described himself as a native of Philadelphia in the
United States ; and the deponent had heard plaintiff state himself, and believed him,
to be a native of Philadelphia. The Carlo Moran, after having proceeded to the
Sandwich Islands and China, arrived in the port of London on 15th March 1851 ; and
a few days afterwards the plaintiff was paid off. On 26th March the plaintiff went
before a magistrate at the Thames Police Office, and complained that, when he shipped
on board the Carlo Moran, he had entrusted gold dust of the value of 500 dollars
(about 1001. sterling) to the defendant to take care of for him, and that the defendant
had detained it. The [741] defendant on the following day attended at the office,
and stated to the magistrate that he had no gold belonging to the plaintiff. The
magistrate dismissed the case as one in which he had no jurisdiction. On 5th April
1851, defendant was arrested and held to bail, on a Judge's order, in 2001., on an
affidavit of the plaintiff alleging that the gold dust, which he therein alleged he had
delivered to the defendant, was of the value of 2501. sterling. Defendant put in
special bail. The defendant in his present affidavit denied that the plaintiff had ever
delivered to him any gold dust or other thing whatever for custody or for any purpose,
or that defendant had ever had in his possession or custody or under his charge any
gold or gold dust or any other thing belonging to plaintiff, for any purpose. The
affidavit further stated :
That this deponent is about to sail as master of the Carlo Moran from the
port of London with a cargo bound for Boston in the United States of America; and
this deponent verily believes that the claim in question has been made, and this
action has been brought, by the plaintiff against this deponent, solely for the purpose
of attempting to extort money from this deponent by means of the interruption,
annoyance and expense necessarily occasioned to this deponent by these proceedings.
And this deponent verily believes that the idea of the plaintiff making this unfounded
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16 Q. B. 739.](ViewImageLocal?handle=hein.slavery/ssactsengr0090&div=1&collection=&method=preview&ext=.png&size=3)