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![handle is hein.slavery/ssactsengr0145 and id is 1 raw text is: STRATTON V. SYMON [1837-38]
in theinventory of 1816 Obermuller attributes to a mistake, and their Lordships
finding no evidence that the girl was ever treated by Obermuller as a slave, and
finding in the fact of her name being omitted in Retemeyer's Will, and of the state-
ment of her being free in Heytmeyer's memoran-[125]-dum, a sufficient reason for not
charging Obermuller with wilful neglect in not including this girl in the number of
Mrs. Retemeyer's slaves, they agree with the Supreme Court that this last item of
Retemeyer's claim ought not to have been allowed by the Judge of the Roll.
Upon the whole of this long and complicated case, their Lordships will recom-
mend Her Majesty to vary the sentence of the 7th April 1834, in accordance with the
opinion which I have already given in detail: and as each Appellant has in part
succeeded, their Lordships do not think it right to condemn either party in costs.
[Mews' Dig. tit. COLONY, III. APPEALS TO PRIVY COUNCIL, 5 Principles on which
Privy Council Acts, 6 Practice, m.; also tit. CONTEMPT OF COURT, 8 PRACTICE,
e. Discharge of Contemnor. On point (i.) as to terms of Order in Council
being prohibitory (2 Moo. P.C. 98), cf. East India Coy. v. Syed Ally, 1827, 7
Moo. Ind. App. 555; In re Nahon and Pariente, 1832, 2 Knapp, 66; (ii.)
appeal by special leave where appeal does not lie as of right (2 Moo. P.C. 98,
99), cf. Mushadee Mahoined Cazum Sherazee, 1852, 7 Moo. P.C. 391; In re
Minchin, 1847, 6 Moo. P.C. 43; Bute v. Mason, 1849, 7 Moo. P.C. 1; D'Orliac v.
D'Orliac, 1844, 4 Moo. P.C. 374; Flint v. Walker, 1845-47, 5 Moo. P.C. 179;
Shire v. Shire, 1845, 5 Moo. P.C. 81 ; Bank of Australasiav. Breillat, 1847, 6 Moo.
P.C. 152; Gour Monee Dossee v. Jogendro Narain Chowdury, 1866, 12 Jur.
N.S. 477; In re Skinner, 1870, L.R. 3 P.C. 451, 7 Moo. P.C. N.S. 296; Victoria
(Speaker of Legislative Assembly of) v. Glass, 1871, L.R. 3 P.C. 561, 7 Moo. P.C.
N. S. 449; Neo v. Neo, 1873, L.R. 5 P.C. 89; Prince v. Gagnon, 1883, 8 A.C. 103;
Carter v. Molson, 1883, ib. 530; Canada Central Ry. Co. v. Murray, 1883,
ib. 574; Valin v. Langlois, 1879, 5 A.C. 115; Robinson v. Canadian and Pacific
By. (1892), A.C. 481, 485; (iii.) as to, consolidation of appeals (2 Moo. P.C. 100),
cf. Campbell v. Dent, 1838, 2 Moo. P.C. 292; Colonial Bank v. Warden, 1846,
5 Moo. P.C. 347; Prinsep v. East India Co., 1856, 10 Moo. P.C. 232; and Kristo
Indro Saha v. Huromonee Dassee, 1873, L.R. 1 Ind. App. 84, 88. The Supreme
Court of Trinidad (2 Moo. P.C. 93, headnote) was by an 0. in C. of 17th Nov.
1888 (art. 37), declared the S.C. of Trinidad and Tobago (see Stat. R. and 0.
Rev., vol. viii., p. 78). Appeals to the Privy Council are still regulated by
0. in C. of June 20, 1831; and see Judicature Act, 1879, No. 28 of 1879; and
Judicature (Tobago) Ordinance, 1898, St. Lucia (2 Moo. P.C. 93, headnote),
and under the jurisdiction of the Court of Appeal for the Windward Islands
(52 and 53 Vict. c. 33); as to conditions of appeal, see 0. in C. of March 3,
1859, and April 20, 1883 (Stat. R. and 0. Rev., vol. iv., pp. 396-401).]
ON APPEAL FROM THE COURT OF CHANCERY OF SAINT VINCENT.
ROBERT STRATTON and ALBERT D'ALTON,-Appellants; JAMES SYMON,-
Respondent * [Dec. 4, 1837; Feb. 5, 1838].
Agreement for the payment of the purchase-money of an estate by yearly instal-
ments, with interest, the four last of which are to be retained by the pur-
chaser as an indemnity until a good title shall be made, does not entitle the
vendor to compound interest in such instalments, upon a Bill by him for
specific performance of the agreement, it appearing that until such Bill was
filed he was not prepared to make a good title to the premises in question.
Decree of the Court below affirmed with costs, though varied in matter improperly
made the 'subject of Appeal.
* Present: Lord Brougham, Mr. Baron Parke, Mr. Justice Bosanquet, and the
Chief Judge of the Court of Bankruptcy [Sir Thomas Erskine].
951
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