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![handle is hein.slavery/ssactsengr0124 and id is 1 raw text is: HENRY V. BYAR [1831]
execute a new power of attorney, to enable the appellants to deal with the said
stock for their own benefit. See Brookman v. Rothschldd, [2] Dow and Clark, 188.
[Mews' Dig. tit. COLONY, III. APPEALS TO PRIVY COUNCIL, 6. Practici n. Costs;
also tit. PRINCIPAL AND AGENT, D.; RIGHTS AND LIABILITIES OF PRINCIPAL
AND AGENT, 8. On Sale or P chase of Goods. On point as to, duty of agent, cf.
Smart v. Sandars, 1846, 3 C.B. 380; Pariente v. Iubbock, 1855, 20 Beav. 588.
For powers of Judicial Committee as to costs, see now 3 and 4 Will. IV. c. 41,
s. 15; 6 and 7 Vict. c. 38 s. 12; Order in Council of 13th June 1853, art. 12
(Stat. R. and 0. Rev., Vol. iv. p. 306). On point as to costs of appeal, cf.
Stratton v. Symon, 1837, 2 Moo. P.C. 125; Thompson v. Cartwright, 1841,
3 Moo. P.C. 421; Rainy v. Bravo, 1872, L.R. 4 P.C. 287.]
[388] ON APPEAL FROM BARBADOES.
SAMUEL HENRY,-Appellant; JOHN HALL BYAR and ELIZA3ETH his Wife,-
Respondents [13th Jan. 1831].
Costs under the circumstances of the case allowed to the Appellant, and he being
a mortgagee of property in the West Indies, directed to be raised, together
with the mortgage money, by a sale of the mortgaged property, in case of
non-payment by the Respondents.
The appellant filed a bill in the Court of Chancery at Barbadoes for the fore-
closure and sale of twenty-two slaves, which had been mortgaged to him by the
respondents. They put in their answer, and alleged that although the mortgage was
for £400 yet that £300 only had been in fact advanced, £100 having been detained
by the appellant as a premium, and they insisted therefore that the transaction was
usurious, and that the bill ought to be dismissed. They did not however examine
any witnesses, or bring forward any evidence to support these allegations. The
Court below, on the 10th of May 1830, pronounced a decree, dismissing the bill.
From that the present appeal was instituted. The respondents did not appear, and
the case was heard ex parte.
Burge, and Walcott, for the Appellants,-contended that the decree ought to be
reversed because there was no evidence producd to substantiate the charge of
usury; and that as it was the case of a mortgagee the costs of this appeal ought
to be taxed by a Master in Chancery here, and added to the mortgage-debt.
[389] The Master of the Rolls [Sir John Leach].-Intimated the assent of their
Lordships.
The costs were accordingly taxed by a Master at £137 7s.
The following order, in pursuance of their Lordships' report, was made on the
31st January 1831:
That the decree of the Court below should be reversed, with £137 7s. costs;
and that in lieu of the said decree directions should be given to a Master of the said
Court to take an account of what is due to the appellant for principal and interest
on his mortgage, and to tax his costs of suit in the said island; and that upon the
respondents paying to the appellant what shall be found due to him for principal,
interest and costs of suit in the said island, together with £137 7s. costs of this
appeal, at such time and place as the said Court shall appoint, the appellant shall
be directed to execute a proper re-conveyance of the said mortgaged slaves, and to
deliver up all the deeds and writings in his custody or power relating thereto; but
that in default of the said respondents paying to the appellant the principal, in-
terest and costs aforesaid, as appointed by the said Court, the said slaves, or a
sufficient number thereof, should be directed to be sold, agreeably to the rules and
practice of the said Court, for the purpose of satisfying such principal, interest
and costs.
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