HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0197 and id is 1 raw text is: MASON V. A.-G. OF JAMAICA [1843]
and that any damage incurred by misconstruing the interdict is not to fall upon
the Respondent; but we think some damage must have arisen by reason of the
interdict. It is said also, that the produce of the estate might have been housed ;
but then rent must have been incurred, which would have been sufficient to have
supported the case of the Appellants. Their Lordships are, therefore, of opinion,
that this sentence of the 15th May 1839, by which the Plaintiff was disentitled to
all remuneration in respect to losses, costs, and damages, must be reversed; for
[228) so far as this Court is able to look at it, it appears that the action was main-
tainable, and that there was some proof of some damage incurred by reason of the
interdict; and, therefore, the sentence by which the Plaintiff was prevented from
all relief must be reversed, and the cause remitted to the Court below to assess the
damages.
[Mews' Dig. tit. COLONY, H. PARTICULAR COLONIEs, 3. Britis/b Guiana. S.C. 7 Jur.
221. See Nieuwerkerk v. Reynolds, 1829, 1 Knapp, 169.]
ON APPEAL FROM THE COURT OF CHANCERY OF JAMAICA.
THOMAS MASON,-Appellant; The ATTORNEY-GENERAL of JAMAICA,-
Respondent [June 17,* and Nov. 29,t 1843].
In the year 1827, letters of preference of escheated property in the Island of
Jamaica were granted under the Great Seal of the Island; by the terms of
which it was provided, that the grantee should, within twelve months from
the date thereof, or for such further time as the Governor of the Island should
limit and appoint, take the necessary steps to prosecute the rights of the
Crown to the escheated property, otherwise the preference thereby given was
to be void. The grantee entered into possession and received the rents and
profits, but took no further steps to prosecute the escheat to final judgment
for the Crown. Upon an information filed in 1835, by the Attorney-General
of Jamaica, praying that the grantee might be declared accountable to the
Crown, in respect of the rents and profits received by him since he had been
in possession,-Held by the Court of Chancery of Jamaica, and affirmed on
Appeal by the Judicial Committee, that the grantee was bound to prosecute
the escheat to final judgment for the Crown within a proper time; and that
he was liable to account to the Crown for the rents and profits received by
him, from the time of entering into possession.
The letters of preference not forming part of the transcript, the hearing of the
Appeal was postponed, and an order made for a certified copy to be trans-
mitted by the Clerk of the Patents in Jamaica, to the Privy Council office.
This was an Appeal against a decretal order, made by the Court of Chancery
of Jamaica, upon an information filed by the Respondent, the Attorney-General
[229] of Jamaica, against the Appellant. By this order, the Appellant was declared
accountable to Her Majesty for all the mesne rents, issues and profits of a piece' or
parcel of escheated land called Southampton Penn, and four slaves (subsequently
apprenticed labourers,) late the property of John Collins, deceased, who died in-
testate, and without heirs inheritable of his estate, from the time he entered into
possession thereof, under and by virtue of letters of preference granted to the
Appellant upon his application, in the month of December 1827, for the purpose
of escheating the real estate and slaves of the said John Collins, until the same
were sold and disposed of under a suit for the payment of certain legacies and
charges affecting the escheated property.
* Present: Lord Brougham, Lord Campbell, the Vice-Chancellor Knight Bruce,
and the Right Hon. Dr. Lushington.
t Present: Lord Langdale, Lo'rd Campbell, the Vice-Chancellor Knight Bruce,
and the Right Hon. Dr. Lushington.
P.C. IL 289 in
IV MOORE,. 228](ViewImageLocal?handle=hein.slavery/ssactsengr0197&div=1&collection=&method=preview&ext=.png&size=3)