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![handle is hein.slavery/ssactsengr0121 and id is 1 raw text is: SAYERS V. WHITFIELD [1829]
permitted to land his cargo, has met with an indulgence to which, clearly by law, he
was not entitled.
The decree of the Court below must be affirmed, and the appeal dismissed, with
costs.
A similar action had been instituted by the appellant in the court below against
the Agent of the East India Company, on account of the part he took in the detention
of the Lady Flora. This was also dismissed, with costs, by both the Court of Justice
and the Court of Appeals in the Colony. An appeal was then instituted from these
sentences to the King in Council, and it stood next in the paper to this; but as the
grounds upon which the decision in this case was given applied equally to. the other,
it was not argued, and was also dismissed, but, by the consent of the Mr. Serjeant
Bosanquet, the Counsel for the East India Company, without costs.
[The steps by which the East India trade was thrown open are clearly traced in
Ilbert's Government of India, pp. 75 et seq. On the point as; to the construction
of the license, reference may be made, by way of comparison, to The Sophia
Elizabeth (1805, 1 Acton, 46); The Josephine (1810, 1 Acton, 313); and The lien-
dric/k (1810, 1 Acton, 322)-cases of licenses in time of war-and the notes
thereto.]
[133] ON APPEAL FROM ST. VINCENT'S.
RICHARD SAYERS,-Appellant; GEORGE WHITFIELD,-Respondent [July 23
and 29, August 3, 1829].
A covenant in a mortgage of property in the West Indies to consign the produce
of the mortgaged estate to the mortgagee is not usurious [1 Knapp, 140].
A mortgagee in possession is entitled to the benefit of this covenant, and may
charge commission on the sale of the produce of the mortgaged estate
[1 Knapp, 142].
On the assignment by a mortgagee in possession, those supplies and contin-
gencies, which were due before the assignment being paid by the assignee,
may be added to the mortgage-debt, and charged against. the mortgaged
premises [1 Knapp, 146].
This is the title of one of a series of no less than twelve appeals from different
orders and decrees made by the Chancellor of St. Vincent's in the course of the
proceedings in one suit,* instituted by the respondents against the appellants, who
were mortgagees, and judgment-creditors of two plantations in that island, for the
purpose of setting aside a sale under certain executions, by which they had become
purchasers of the mortgaged property, and also for the purpose of having some of
the mortgage securities themselves declared usurious, and vacated accordingly.
These appeals principally related to. questions of account between the parties, and
embraced no matter of general, or legal interest; some of them were decided on the
hearing by the Court, but the greater part of them were referred to the arbitration
of Mr. Burge.t The two questions of the greatest importance that were decided by
the Court were, 1st, As to the legality of a covenant in one of the mortgages to
consign the produce of the [134] mortgaged property to the mortgagees, and of their
* It is the practice in the island of St. Vincent's to prosecute an. interlocutory
decree, notwithstanding it has been appealed against to, the Privy Council, on the
party, in whose favour it has been made, giving security to indemnify the other
party in case it should be reversed. [As to appeals to Privy Council from Windward
Islands, in which St. Vincent's is included, see Orders in Council of March 3, 1859,
and April 20, 1883 (Stat. R. and 0. Rev. vol. iv. pp. 396, 398, 400); also Windward
Islands Appeal Court Act 1889 (52 and 53 Vict. c. 33.]
t To the kindness of his friend, Win. Burge, Esq., late Attorney-General of
Jamaica, the reporter is indebted for a note of this case.
271
I KNAPP, 13](ViewImageLocal?handle=hein.slavery/ssactsengr0121&div=1&collection=&method=preview&ext=.png&size=3)