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![handle is hein.slavery/ssactsengr0203 and id is 1 raw text is: REPORTS OF CASES heard and determined
by the Judicial Committee and the Lords.
of the Privy Council, 1841-45. By EDMUND
F. MooR E, Barrister-at-Law. Yol. IV.
ON APPEAL FROM THE SUPREME COURT OF CIVIL JUSTICE OF
BRITISH GUIANA.
DONALD CHARLES CAMERON,-Appellant; The Representatives of JAMES
FRASER, deceased,-Respondents * [Feb. 4 and 5, 1842].
A. sold to B. a plantation in Berbice. The purchase-money was secured by bills
of exchange drawn, by B. on houses in England: and as a further security,
B. on receiving a transport of the estate, hypothecated the same to A. for the
amount of the purchase-money then due on the bills, with interest and damages
accruing thereon, declaring such mortgage to be a first and preferent charge.
Some of the bills were protested and returned to the colony, and the plantation
was in consequence sold under an execution-sale at the suit of A. The Supreme
Court of British Guiana in adjudicating the claim of A. and the other creditors
of B., held A. to have a preferential claim for the principal and interest due
upon the protested bills, but refused to allow such right for the damages
consequent thereon. The Decree, so far as it refused the preferential right
for damages, held erroneous, and reversed.
An interlocutory order, referring matters of account to the sworn Accountant
of the Court of Civil Justice in Berbice, with instructions thereon, is not such
a definitive sentence as by the rules of the Civil Law requires a specific appeal,
but may be questioned on a general appeal from the final sentence of the
Court [4 Moo. P.C. 9, 10].
The Appellant, Donald Charles Cameron, was originally the owner of a sugar
plantation called Canefield, in. the colony of Berbice. In 1816 he entered into a
contract with Lewis Cameron, for the sale of a moiety [2] of the plantation, cum
annexis, with certain slaves thereon, for the sum of £23,000 sterling. Part of the
purchase-money was paid at the time, and it was agreed that the residue should be
paid by instalments, to be secured by a mortgage of the premises to be granted by
the purchaser on receiving a transport of the plantation from the Appellant. On
the 16th of January 1819, there was due in respect of the purchase-money, the sum
£10,420, in payment of which, Lewis Cameron drew three bills of exchange, of even
date, upon Messrs. Campbell, Bowden and Co. of London, payable to the Appellant
on order respectively, twelve, eighteen and twenty-four months after date, with
interest at the rate of six per cent., and damages at 121 per cent. per annum, as per
agreement.
On the same day the Appellant agreed to sell the other moiety of the plantation
* Present: Lord Wynford, Lord Brougham, Lord Campbell, and the Right Hon.
Dr. Lushington.](ViewImageLocal?handle=hein.slavery/ssactsengr0203&div=1&collection=&method=preview&ext=.png&size=3)